Special Warranty Deed
(Residential Transaction) (MS)

Summary

This special warranty deed template may be used by a seller/grantor in Mississippi to transfer title to residential real property to a buyer/grantee. This template includes practical guidance and drafting notes. Practitioners in Mississippi customarily utilize all of the following types of deeds: • Warranty deeds (i.e., deeds containing covenants of title and warranties against any acts in the title chain that may have caused defects in title) • Special warranty deeds (i.e., deeds containing covenants of title and warranties against any of the grantor's acts that may have caused defects in title during the grantor's period of ownership) • Quitclaim deeds (i.e., deeds that release the interest of the grantor in the property but contain no warranties) See Miss. Code Ann. §§ 89-1-33, 89-1-61, and 89-1-39. There is no law mandating that the grantor deliver a specific type of deed absent a contract provision. The Mississippi Code provides a statutory form of a warranty deed, and states that if only a special warranty is intended, the statutory warranty deed form can be altered by adding the word "specially" before the word "warrant" in the conveyance. Miss. Code Ann. § 89-1-61. For a special warranty deed to use in a commercial transaction in Mississippi, see Special Warranty Deed (Commercial Transaction) (MS). For warranty deeds to use in Mississippi, see Warranty Deed (Commercial Transaction) (MS) and Warranty Deed (Residential Transaction) (MS). For quitclaim deeds to use in Mississippi, see Quitclaim Deed (Commercial Transaction) (MS) and Quitclaim Deed (Commercial Transaction) (MS). For more on deeds in general, see Types of Deeds and Key Provisions.