An Indiana special warranty deed form transfers real estate but limits the seller’s title guarantee to problems that arose during their own ownership. To complete one, you fill in the parties, consideration, legal description, and parcel number; add the limited warranty language, preparer statement, and Social Security redaction affirmation; sign before a notary; file a Sales Disclosure Form; and record the deed with the county recorder where the property sits. The sections below walk through each step and the information you need to have in hand before you start.
One thing to understand before you draft: unlike a general warranty deed, this form does not protect the buyer against title defects that predate the grantor. If an old mechanic’s lien or an unknown heir’s claim surfaces from before the grantor took title, the buyer absorbs it. That is the point of the form, and it is why owner’s title insurance usually accompanies these transfers.
Information to Gather Before You Start
Pull these items together before you open the form. Errors in any of them can send the deed back from the recorder’s office or cloud the title later.
- Full legal names of the grantor (seller) and grantee (buyer), spelled exactly as they appear on current identification.
- Mailing addresses for both parties. If the grantee uses a PO Box, the deed must also list a physical street or rural route address; a PO Box alone will not be accepted.1White County, Indiana. Recording Requirements
- The full legal description of the property, copied from the most recent recorded deed or a current survey. A street address is not enough.2Marshall County, Indiana. Checklist for Recordings
- The county auditor’s parcel number (sometimes labeled Tax ID), typically fifteen digits. It appears on the current deed, the property tax bill, or the county assessor’s online records.
- The consideration — the purchase price or other value exchanged. Even a nominal gift transfer must state a consideration.
Filling Out the Deed Itself
Most people start from a preprinted template supplied by a title company, a legal forms provider, or the county recorder. The template handles the layout; you supply the content.
Granting Clause and Warranty Language
The granting clause names the grantor, names the grantee, states the consideration, and describes the property. For a special warranty deed, the warranty language must be limited. The deed should state that the grantor warrants and defends title only against claims arising “by, through, or under” the grantor, not against all claims generally. If your form uses the Indiana statutory phrase “conveys and warrants” with no limitation, you have a general warranty deed, not a special warranty deed.3Indiana General Assembly. Indiana Code 32-17-1-2 – Fee Simple Conveyance Check this before you sign.
Legal Description and Parcel Number
Copy the legal description exactly as it reads on the most recent recorded deed or current survey. A transposed lot number or a dropped “thence” in a metes-and-bounds description can create a title cloud that takes a lawyer to fix. Enter the parcel number in its designated field, and verify both against the county assessor’s records before you finalize the document.
Preparer Statement and SSN Affirmation
Indiana law requires every recorded deed to identify its drafter. Include a line reading: “This instrument was prepared by (name).” You also need the Social Security redaction affirmation: “I affirm, under the penalties for perjury, that I have taken reasonable care to redact each Social Security number in this document, unless required by law (name).”4Indiana General Assembly. Indiana Code 36-2-11-15 – Instruments That May Be Received for Record or Filing; Name of Person or Governmental Agency That Prepared Instrument Both statements must be legible — printed, typed, or stamped. A deed missing either will be rejected at the recorder’s counter.
Formatting
Use at least 10-point type. The first and last pages need two-inch top and bottom margins; all other pages need half-inch margins on every side. Handwritten documents are not accepted for recording. If you attach exhibits such as a survey or a separate legal description page, the deed should reference them and they must be included in the submission.5Noble County, Indiana. Recording Requirements
Completing the Sales Disclosure Form
Before the county auditor transfers the property on the tax rolls, all parties to the conveyance must complete and sign a Sales Disclosure Form (State Form 46021).6Indiana General Assembly. Indiana Code 6-1.1-5.5-3 – Sales Disclosure Form Filing and Review Process; Forwarding and Use of Forms; Confidential Information; Conveyance of Multiple Parcels The form reports sale price and property details for tax assessment purposes.
Most filers submit electronically through the Indiana Gateway portal at gatewaysdf.ifionline.org. The portal moves through buyer and seller contact information, parcel data, sale price, and property characteristics. Data does not save automatically, so save at the end of each section. Once you submit, the form cannot be edited.7State of Indiana. Sales Disclosure Form User Guide
A $10 filing fee applies to most sales disclosure filings. Compulsory transfers — foreclosures, court-ordered conveyances, divorce transfers, and conveyances to charities or government entities — are exempt from the fee.
Signing and Notarization
The grantor must sign the deed in front of a notarial officer. Indiana requires every recorded instrument to carry either an acknowledgment or a proof.8Indiana General Assembly. Indiana Code 32-21-2-3 – Notarial Acts; Recording Requirements; Statement of Mailing Address; Translations An acknowledgment is the usual choice: the notary verifies the signer’s identity, confirms the signature, and applies the seal and signature to the acknowledgment certificate on the deed.
Indiana also authorizes remote notarization using audio-video technology, which can help when the grantor is out of state. The grantee does not need to sign the deed unless the document contains additional covenants requiring their signature. Only the grantor’s signature and notarization are needed to transfer title.
Recording the Deed
Take the signed, notarized deed to the county recorder’s office in the county where the property is located. Most counties accept filings in person, by mail, or through an approved e-recording vendor. Check your county recorder’s website for the current list of vendors.
In Marion County, deeds and other property transfer documents must be stamped by the Assessor’s Office before the recorder will accept them.9Indy.gov. Marion County Recorder’s Office Other counties may have similar pre-recording steps. A quick call to the recorder’s office before you drive down can save a return trip.
Fees
The base recording fee for a deed in Indiana is typically $25, which covers the document plus one oversize page. Each additional oversize page is $5.10Shelby County. Recorder Fee Schedule and Recording Requirements Add the $10 Sales Disclosure Form fee if it applies. Some offices take only checks or money orders for mail-in submissions, so confirm payment methods in advance.
After Recording
The recorder indexes the deed into the public record and stamps it with the date, time, and an instrument number. The original is returned to the grantee or a designated agent, usually within a few weeks. For mail-in filings, include a self-addressed stamped envelope to speed the return. Recording makes the ownership change part of the public record and establishes the grantee’s interest in the property.
Why Title Insurance Fits This Deed
Because the special warranty leaves every pre-grantor title problem on the buyer’s shoulders, an owner’s title insurance policy is the standard way to close the gap. The insurer runs its own title search before issuing the policy and pays to defend or resolve covered defects that surface later. The premium is paid once at closing and the coverage lasts as long as you or your heirs own the property. On a transfer by special warranty deed — particularly a bank-owned or estate property where the seller cannot vouch for the title history — buying owner’s title insurance is the ordinary precaution.