Mahaska County Special Warranty Deed Form (Iowa)

The following Iowa and Mahaska County supplemental forms are included as a courtesy with your order:

When using these Special Warranty Deed forms, the subject real estate must be physically located in Mahaska County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Mahaska County include:

• Barnes City
• Beacon
• Cedar
• Fremont
• Leighton
• New Sharon
• Oskaloosa
• Rose Hill
• University Park

A special warranty deed is a legal document used to transfer, or convey, rights in real property from a grantor (seller) to a grantee (buyer). This type of deed provides more liability protection for the grantor, and less protection for the buyer. In a special warranty deed, the grantor warrants against defects in the title during his or her ownership, and that he or she is authorized to sell it, but does not guarantee freedom from claims on the title originating before the grantor owned the property. Because of this risk, special warranty deeds are less common for residential real estate transactions. Instead, these types of deeds are typically used for foreclosed bank-owned properties and commercial properties that have changed ownership several times.

A lawful deed includes the grantor's full name and marital status, as well as the grantee's full name, marital status, mailing address, and vesting. Vesting describes how the grantee holds title to the property. For Iowa residential property, the primary methods for holding title in co-ownership are tenancy in common and joint tenancy. A grant of ownership of real estate to two or more unmarried persons is presumed to create a tenancy in common, unless a joint tenancy is specifically created (Iowa Code 557.15). A transfer to a married couple vests as a joint tenancy, unless otherwise stated (Iowa Code 557.15(3)(a)).

As with any conveyance of real estate, a special warranty deed requires a complete legal description of the parcel. Recite the source of title to establish a clear chain of title, and detail any restrictions associated with the property. Finally, the deed must meet all state and local standards for recorded documents.

The grantor must sign the completed deed in front of a notary. The acknowledgment (notary section), whether made within the State of Iowa, outside the state, outside the United States, or under federal authority, should comply with the provisions of chapter 9b of the Iowa Statutes. Once acknowledged, file it in the recorder's office in the county where the property is located.

Include all relevant documents, affidavits, forms, and fees along with the deed for recording. Most deeds require a separate Real Estate Transfer Groundwater Hazard Statement (Iowa Code Section 558.69). Consult the local recording office to confirm which supplemental materials are necessary for the specific transaction.

This article is provided for informational purposes only and is not a substitute for the advice of an attorney. Contact a lawyer with any questions about special warranty deeds, or for any other issues related to the transfer of real property in Iowa.

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

Our Promise

The documents you receive here will meet, or exceed, the Mahaska County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.

Save Time and Money

Get your Mahaska County Special Warranty Deed form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.

4.8 out of 5 - ( 4449 Reviews )