Special Warranty Deed
(Residential Transaction) (MT)

Summary

This special warranty deed template may be used by a seller/grantor in Montana to transfer title to residential real property to a buyer/grantee. This template includes practical guidance and drafting notes. Practitioners in Montana 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) Absent a provision in the contract, Montana law does not mandate that the grantor deliver a specific type of deed. The Montana Code provides statutory language that may be used for a grant of an estate in real property. Mont. Code Ann. § 70-20-103. For a special warranty deed to use in a commercial transaction in Montana, see Special Warranty Deed (Commercial Transaction) (MT). For warranty deeds to use in Montana, see Warranty Deed (Commercial Transaction) (MT) and Warranty Deed (Residential Transaction) (MT). For quitclaim deeds to use in Montana, see Quitclaim Deed (Commercial Transaction) (MT) and Quitclaim Deed (Residential Transaction) (MT). For more on deeds in general, see Types of Deeds and Key Provisions.