An original deed must bear the grantor’s notarized signature and be recorded at the County Clerk’s Office (the clerk will collect a recording fee of $25).
Contents |
Types (5)
Deed of Trust – Transfers a property’s title from a home buyer (grantor) to a third party (trustee) to hold onto as loan security. The title is returned to the grantor upon repayment to the loan provider (beneficiary).
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Quit Claim Deed – Conveys ownership with no promises or warranties regarding the property’s title (the grantee assumes the risk of potential title encumbrances).
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Special Warranty Deed – Contains a limited warranty that protects the grantee against title encumbrances caused by the grantor.
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Transfer on Death Deed – Allows the grantor to designate beneficiaries for their property. Once the grantor passes away, the property transfers to the beneficiaries without probate.
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Warranty Deed – Known in most other states as a “general warranty deed,” this document protects the grantee against title encumbrances caused by the grantor and all previous owners of the property.
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Laws & Requirements
- Statutes: Ch. 47, Art. 1 (Conveyance and General Provisions)
- Formatting: No state-wide requirements. Counties may set their own formatting standards.
- Signing Requirements (§ 14-8-4): Notary Public
- Where to Record (§ 14-9-1): County Clerk’s Office
- Recording Fees (§ 14-8-15): $25
- Homeowners’ Association Disclosure Certificate Request (§ 47-16-11): If selling a lot that is subject to the Homeowners’ Association Act, the grantor must provide this form to the association to request a disclosure certificate. The certificate must be provided to the grantee no later than seven (7) days before the transfer date.