Indiana Warranty Deed

Save Hundreds vs Attorney Fees

Professional Legal Document – Only $9.99

(Typical legal consultation: $79–$149)

  • Professional MS Word formatting
  • Fully editable & reusable
  • Attorney-reviewed templates
  • Lifetime updates included
  • 100% Satisfaction Guarantee
GET INSTANT ACCESS Immediate download available
Accepted payment methods: Visa, MasterCard, Amex, PayPal, Discover

What Is an Indiana Warranty Deed?

An Indiana warranty deed is a legal instrument that transfers real estate ownership while providing the highest level of protection to the buyer. The seller (grantor) legally guarantees that they hold clear title, have the right to convey it, and that the property is free of undisclosed liens. If a title defect from the property's history is discovered later, the buyer can hold the seller liable.

When to Use a Warranty Deed in Indiana

  • Purchasing residential or commercial property from an unrelated seller in a traditional sale.
  • Satisfying the requirements of a title insurance company to issue a title policy.
  • Meeting a mortgage lender's requirements for maximum title protection before loan approval.

Indiana Requirements for Warranty Deeds

  • Signing: The grantor(s) must sign the deed.
  • Notarization: The grantor's signature must be acknowledged by a notary public.
  • Witnesses: 0 witnesses are required by Indiana law.
  • Recording: The deed must be filed with the County Recorder in the county or jurisdiction where the land is located.
  • Transfer Tax / Recording Fees: $1.00 per $500 (state) + county surcharges. Sales disclosure form required.
  • Legal Description: A complete and accurate legal description of the property is mandatory.

Warranty Deed vs Other Deeds in Indiana

An Indiana warranty deed holds the seller financially responsible for any past title defects, providing the buyer with maximum protection. In contrast, a quitclaim deed offers zero protection, as the seller only transfers their current interest without any guarantees.

Frequently Asked Questions

What is the difference between a warranty deed and a limited warranty deed in Indiana?

Indiana recognizes both general warranty deeds and limited warranty deeds (sometimes called special warranty deeds). A general warranty deed covers all title defects throughout the property's entire history, while a limited warranty deed only covers defects that arose during the grantor's period of ownership. In Indiana residential sales, general warranty deeds are the standard. Limited warranty deeds are more common in commercial transactions, foreclosures, and transfers from estates.

Does Indiana allow electronic recording of warranty deeds?

Yes. Indiana has adopted electronic recording (e-recording) for deeds and other real estate documents in most counties. The county recorder can accept electronically signed and notarized documents through approved e-recording vendors. However, the deed must still meet all Indiana formatting requirements, including proper margins, font size, and the legal description of the property.

Where do I record an Indiana warranty deed?

You must take the original, notarized deed to the County Recorder in the jurisdiction where the property is physically located and pay the required recording fee.

Does a warranty deed transfer my mortgage in Indiana?

No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.

Are there transfer taxes on an Indiana warranty deed?

$1.00 per $500 (state) + county surcharges. Additional local recording fees also apply when filing the deed.

Can I write my own warranty deed in Indiana?

Yes, you can draft your own deed as long as it strictly adheres to Indiana's legal requirements for formatting, legal description, and notarization.