Updated on September 1st, 2022
A Tennessee special warranty deed records a change in ownership of real estate, providing the receiving party (the “grantee”) a written warranty that the title has not been encumbered under the seller’s (the “grantor”) ownership. The warranty does not apply to title defects established prior to the grantor owning the property; those defects will be left to the grantee to resolve. Title defects can include unpaid property taxes, liens, or easements on the premises.
Real estate purchased for business purposes or through a foreclosure sale is often conveyed with a special warranty deed, as the seller may be unaware of a property’s history before their proprietorship.
- Statutes: Title 66 – Property
- Formatting: § 66-5-103, § 66-24-110, § 66-24-114, § 66-24-122, § 67-4-409(6)(A). Exact formatting requirements may vary by county.
- Signing Requirements (§ 66-22-101): Notary Public or Two (2) Witnesses
- Where to Record (§ 66-5-106): County Register of Deeds
- Recording Fees (§ 8-21-1001): $12 ($10 registration fee + $2 service fee) for the first two (2) pages, $5 for each additional page.
- Property Disclosure Statement (§ 66-5-202): The owner must deliver this statement to inform the buyer of any adverse material facts (unless the property is to be conveyed “as-is”).