Iowa Warranty Deed

A warranty deed guarantees clear title and defends the buyer against claims. Iowa codifies its deed forms in Section 558.19: a deed in fee with warranty adds the words And I warrant the title against all persons whomsoever. That against all persons whomsoever wording gives a full general warranty, protecting against title defects that predate the seller. It is the opposite of a quitclaim deed, which conveys only all my interest and promises nothing.

Iowa sets out illustrative deed forms in Section 558.19: a quitclaim deed (subsection 1), a deed in fee simple without warranty using the word convey (subsection 2), and a deed in fee with warranty (subsection 3), which is the fee-simple form plus And I warrant the title against all persons whomsoever (or other words of warranty, as the party may desire). Unlike California, Iowa does not use a grant deed or bargain-and-sale deed, so an Iowa warranty deed carries express warrant-and-defend words on its face.

Record the signed, notarized deed with the county recorder of the county in which the real estate is located (Section 558.41(1)). Iowa is a notice state, so an instrument is of no validity against a subsequent purchaser for value without notice unless it is recorded. A signed declaration of value and a groundwater hazard statement accompany the deed at recording (Section 428A.1 and Section 558.69). Record promptly to protect your interest.

Before recording, the grantor's signature must be acknowledged before a notary under chapter 9B (Section 558.20). Iowa does not require subscribing witnesses for a deed, so a proper notarial acknowledgment is the recording path. Signatures must be in black or dark blue ink, and each signer's name must be typed, printed, or stamped beneath the signature, with a 3-inch top margin on the first page (Section 331.606B).

Iowa imposes a real estate transfer tax of 0.80 dollars for each 500 dollars, or fractional part of 500 dollars, of the actual market value transferred in excess of 500 dollars (Section 428A.1). A declaration of value signed by a buyer or seller must be submitted to the county recorder at recording. There is no tax when there is no consideration or the deed is corrective of title and so states, and certain spouse and parent-child transfers are exempt (Section 428A.2).

Identify the grantor and grantee, state the consideration, and include the full legal description of the real estate (not just the street address or parcel number). Errors in the legal description or in how the grantee takes title are a common and costly source of later title problems, so confirm both against the current vesting deed before recording.

If the real estate is the homestead and the owner is married, the conveyance is not valid unless and until the owner's spouse also executes the deed or a like instrument, or a power of attorney to do so (Section 561.13(1)). Narrow exceptions apply, such as a dissolution decree. Iowa is not a community property state, so this is a homestead protection. Confirm the homestead status before signing to avoid a defective transfer.

Choose the deed to match the protection intended. The Section 558.19(3) general warranty deed warrants title against all persons whomsoever, including claims predating the grantor, and is the standard Iowa sale instrument. Substitute narrower words of warranty create a special or limited warranty covering only claims arising by, through, or under the grantor. A quitclaim deed (Section 558.19(1)) conveys only all my interest with no warranty. The reason for the transfer usually points to the right one.