Orleans Parish Special Warranty Deed Form (Louisiana)
All Orleans Parish specific forms and documents listed below are included in your immediate download package:
Special Warranty Deed Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included Orleans Parish compliant document last validated/updated 9/20/2024
Special Warranty Deed Guide
Line by line guide explaining every blank on the form.
Included Orleans Parish compliant document last validated/updated 10/9/2024
Completed Example of the Special Warranty Deed Document
Example of a properly completed form for reference.
Included Orleans Parish compliant document last validated/updated 9/13/2024
The following Louisiana and Orleans Parish 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 Orleans Parish. The executed documents should then be recorded in the following office:
Civil District Court Clerk: Land Records Division
1340 Poydras St, 4th Floor, New Orleans, Louisiana 70112
Hours: 8:30 to 5:00 M-F
Phone: 504-407-0005
Local jurisdictions located in Orleans Parish include:
- New Orleans
How long does it take to get my forms?
Forms are available immediately after submitting payment.
How do I get my forms, are they emailed?
Immediately after you submit payment, the Orleans Parish forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be provided to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance. Forms are NOT emailed to you.
What does "validated/updated" mean?
This indicates the most recent date when at least one of the following occurred:
- Updated: The document was updated or changed to remain compliant.
- Validated: The document was examined by an attorney or staff, or it was successfully recorded in Orleans Parish using our eRecording service.
Are these forms guaranteed to be recordable in Orleans Parish?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Orleans Parish including margin requirements, content requirements, font and font size requirements.
Can the Special Warranty Deed forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Orleans Parish that you need to transfer you would only need to order our forms once for all of your properties in Orleans Parish.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by Louisiana or Orleans Parish. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
What type of files are the forms?
All of our Orleans Parish Special Warranty Deed forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Sales of immovable property in Louisiana are typically referred to as acts of sale or cash sales. Louisiana Statutes do not provide statutory forms for deeds. Special warranty deeds convey fee simple title to the buyer with certain covenants on the part of the seller.
Typically, a special warranty deed contains an explicit covenant of warranty that the granting party will defend the title against claims arising by, through, or under him, with implied covenants that the granting party is lawfully seized and possessed of the property in fee simple and has a good right to convey it, and that the property is unencumbered, unless noted on the face of the deed.
In Louisiana, all sales contain the implied warranties that the buyer will have peaceful possession of the property and that such property is free of defects. Sellers also warrant that the thing sold "is fit for its intended use" (Civil Code Arts. 2475, 2524).
The promise that the property is free of defects is referred to as the warranty against redhibitory defects (CC 2520). A redhibitory defect is defined as a defect that renders the property useless, or its use would be so inconvenient that it is presumed that the buyer would not have purchased the property had he known about the defects (CC 2520). Louisiana law permits the parties to agree on a limitation of the warranty against redhibitory defects (CC 2548).
Pursuant to La. Civil Code Art. 2440, a sale or transfer of immovable property must be made by authentic act or by act under private signature. An authentic act is defined as an act executed before a notary public or other qualified officer in the presence of two witnesses, and signed by each person executing the act, each person witnessing the act, and each notary public before whom the act was executed (CC 1833(A)).
Louisiana's recording laws provide incentive to record. Because Louisiana is a "race" state, the person who records first, regardless of notice of a prior claim on the title, has priority of title. To provide notice to third parties and establish priority of title, record the deed in the recording office of the parish where the property is located.
La. Civil Code Art. 3352 sets forth the requirements for recorded acts. These include the full names and addresses of both parties to the transfer; the marital status of all individuals and whether there has been a change in marital status since the transferor obtained title; the property's address; and the notary's ID number or bar roll number and typed or printed name of the notary and witnesses. Conveyances of immovable property also require the name and address of the person responsible for all property taxes and assessments (RS 9:2721). This information should also be supplied to the tax assessor of the parish where the immovable property is located.
Recorded acts pertaining to an interest in real property should also include a legal description of the parcel, a derivation clause citing the seller's source of title, and the manner in which the buyer intends to hold title to the property.
Ownership of property is transferred as soon as there is agreement on the property transferred and the price for the transfer is fixed, though the property sold may not yet be delivered to the buyer (Civil Code Art. 2456). Delivery of immovable property occurs by law upon execution of the written act of transfer (CC 2477).
When recording the act, ensure compliance with all state and parish requirements for form and content of recorded acts of sale. Contact the parish to verify additional requirements, such as cover sheets, are applicable. If the property is situated in the City of New Orleans, a transaction tax is due from the seller upon recording.
Consult a lawyer with questions regarding the legal implications of special warranty deeds, transfers of immovable property, and recording acts of sale in Louisiana.
(Louisiana SWD Package includes form, guidelines, and completed example)
Our Promise
The documents you receive here will meet, or exceed, the Orleans Parish recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Orleans Parish 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.
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The Personal Representatives Deed is definitely a helpful document for my files. I find it need just a little tweaking by deeds.com ,
There should be more space for the legal description. I did see in the FAQ's you recommend putting it in the Exhibit and this is what I did. Also I couldn't get the year to be accepted and had to write it in. These are just some minor suggestions, on the whole I was grateful to find this document. Thank you.
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December 25th, 2018
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