Features

• A special warranty deed acts to transfer property from one party to another, under certain conditions. The language in the deed clarifies that the grantor owns the property and has the right to convey it. Further, the grantor promises to provide the grantees protection if a claim is made against the property in the future. However, the promise is good only if the claimants state the issue occurred during the grantor's period of ownership. Special warranty deeds generally do not protect the grantees against title defects that occurred before the grantors became the owners.
  
  

Transfer Taxes

• West Virginia charges transfer taxes at the time a deed is submitted for recording. In all counties, except Wood, the rate is $4.40 per $1,000 of the consideration, or sales price. For example, if a home was purchased for $100,000, the transfer tax due would be equal to $440. Transfer taxes differ from property taxes because the transfer tax is due only one time. Property taxes are due once every year. The property tax bill will be mailed to the owner of the property to the mailing address listed on the special warranty deed.
  
  

Recording

• It is always recommended to submit any deed to the county clerk for recording. By recording a deed, it will become public record and have the ability to be searched in the future. West Virginia deeds must be signed by all of the grantors in the presence of a certified notary public. West Virginia does not impose any other strict recording requirements, and county clerks should accept a deed signed and prepared in another state for recording. However, a sales listing form and declaration of consideration needs to be completed and submitted with the deed at the time of recording. This form is available at the county clerk's office.
  
  

Considerations

• A special warranty deed differs from a general warranty deed in that the general warranty deed would provide protection against claims previous to the grantors taking ownership in addition to during their ownership. Warranty deeds offer the most protection to the buyers, special warranty deeds offer slightly less, and quitclaim deeds offer no protection. Claims can come from previous owners, mortgage lenders and potential lien holders. Although a lien or other issue may not show up on a title report, claims that were not filed on record may still be valid years into the future.