Duly executed and acknowledged special warranty deeds in Colorado can be used to convey title to real estate. The real estate deed must conform to the statutory requirements.

A special warranty deed that has been executed according to the Colorado statutory form for a warranty deed in 38-30-113 with the words "warrant the title to the same" omitted will have the same force and effect as a bargain and sale deed, without covenants of warranty. This type of deed will pass the after-acquired title of the grantor. The words "and warrant the title against all persons claiming under me," when included in such deed, will be a covenant that the grantor will warrant and defend the title to the grantee and his heirs and assigns against all persons claiming to hold title by, through, or under the grantor (38-30-115). A special warranty deed containing the words "and warrant the title to" will mean that the grantor covenants (a) that at the time such instrument was made, he was lawfully seized of an indefeasible estate in fee simple in and to the property described in the deed and has good right and full power to convey the same and (b) that the same was free and clear from all encumbrances, except as stated in the instrument (38-30-113).

A special warranty deed must be signed and acknowledged by the grantor in order to be considered for recording in this state. If the deed has been executed in Colorado, it can be acknowledged or proved before any of the officers listed in 38-30-126 of the Colorado Revised Statutes. A special warranty deed may also be acknowledged out of state. No officer authorized to take acknowledgments of deeds should take or certify acknowledgments unless the person making the same is personally known to the officer to be the person he is stated to be in the deed or is proved to be such person by at least one credible person known by the officer (38-35-101).

Colorado has a race-notice recording act. A special warranty deed that has not been recorded is not valid against any person with any kind of rights in or to such real property who records first and those holding rights under such person, except between the parties to the deed and those having notice of the instrument prior to the acquisition of such rights (38-35-109). A special warranty deed should be recorded in the office of the clerk and recorder in the county where the property is located in order to prove constructive notice.

(Colorado Special Warranty Deed Package includes form, guidelines, and completed example)

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