Michigan Warranty Deed
Michigan warranty deed form: guarantees clear title and defends the buyer with statutory conveys-and-warrants covenants, recorded with the register of deeds.
Introduction
Michigan codifies a true statutory warranty deed: under MCL 565.151 the operative words conveys and warrants carry the grantor's guarantee of clear title, including quiet possession and a promise to warrant and defend the title against all lawful claims. That title guarantee is what separates it from a quitclaim deed, which promises nothing and only passes whatever interest the seller happens to have. A general warranty deed protects against every title defect, including ones that arose before the seller owned the property; a special or limited warranty deed (often called a covenant deed in Michigan) covers only problems created during the seller's own ownership. Michigan codifies a true statutory warranty deed. Under MCL 565.151, a deed using the operative words conveys and warrants carries express covenants that the grantor is lawfully seized of the premises, has good right to convey, guarantees quiet possession, that the premises are free from all encumbrances, and that the grantor will warrant and defend the title against all lawful claims. That is stronger than a Michigan quitclaim deed (MCL 565.152), which carries no covenants. You record the signed, notarized deed with the register of deeds of the county where the property is located, and recording promptly protects you against a later good-faith buyer (MCL 565.29). DocDraft builds your Michigan deed from your facts, with attorney review available before you record.
Key Things to Know
- 1
A warranty deed is a deed in which the seller guarantees clear title and agrees to defend the buyer against any later claim. It is the strongest of Michigan's deed tiers, above the covenant deed and the quitclaim, which guarantees nothing.
- 2
Michigan codifies a statutory warranty deed at MCL 565.151. The operative words conveys and warrants carry express covenants that the grantor is lawfully seized of the premises, has good right to convey, guarantees quiet possession, that the premises are free from all encumbrances, and that the grantor will warrant and defend the title against all lawful claims.
- 3
The three deed tiers: a general warranty deed warrants against all claims, including defects predating the grantor; a Michigan covenant deed (special or limited warranty) warrants only against claims arising by, through, or under the grantor; a quitclaim deed (MCL 565.152) passes only the grantor's interest with no covenants of title.
- 4
You record the signed deed with the register of deeds of the county where the property is located. Michigan follows a race-notice priority rule, so a conveyance recorded first generally defeats a later one by a good-faith purchaser (MCL 565.29). Record promptly.
- 5
The grantor's signature must be acknowledged before a notary (or a judge or clerk of a court of record) before the deed can be recorded (MCL 565.8). Michigan does not require subscribing witnesses for a deed; a curative provision even validates older recorded deeds that lacked witnesses.
- 6
Michigan charges two real estate transfer taxes on a sale: a state tax of 3.75 dollars for each 500 dollars of value (MCL 207.525) and a county tax of 0.55 dollars for each 500 dollars, up to 0.75 dollars in a county of 2,000,000 or more (MCL 207.504). The total value must appear on the face of the deed or in an attached value affidavit.
- 7
Michigan is not a community property state and has no general spousal-joinder rule; dower was abolished effective April 6, 2017 (MCL 558.30). If the property is held by spouses as tenants by the entirety, both spouses must sign as grantors to convey it.
Key decisions before you file
Before you file a Warranty Deed in Michigan, a few decisions shape the document: which option to choose and what each one means. The Warranty Deed guide walks through them.
Open the Warranty Deed guideCustomize your Warranty Deed Template with DocDraft
Once your Warranty Deed is ready, you can check whether it needs to be notarized in Michigan in about a minute, and notarize it online through DocDraft if it does.
Michigan Requirements for Warranty Deed
A warranty deed guarantees clear title and defends the buyer against claims. Michigan codifies a statutory warranty deed at MCL 565.151: the operative words conveys and warrants carry express covenants that the grantor is lawfully seized of the premises, has good right to convey, guarantees quiet possession, that the premises are free from all encumbrances, and that the grantor will warrant and defend the title against all lawful claims. Those covenants reach defects predating the grantor.
Michigan codifies a statutory short-form warranty deed in which the operative words are conveys and warrants (MCL 565.151), distinct from the statutory quitclaim deed (MCL 565.152, quit claims). Michigan does not use a grant deed as its high-protection instrument the way some states do; the warranty deed is the codified full-covenant form.
Record the signed, notarized deed with the register of deeds of the county in which the real property is located. Michigan follows a race-notice priority rule, so a conveyance recorded first generally prevails over a later one by a good-faith purchaser for value (MCL 565.29). Record promptly to protect your interest.
Before recording, the grantor signature must be acknowledged before a notary public, judge, or clerk of a court of record (MCL 565.8). Michigan does not require subscribing witnesses for a deed; the witness requirement was removed in 2002 and a curative provision validates older recorded deeds that lacked witnesses. The signer name must be printed beneath the signature (MCL 565.201).
Michigan imposes two real estate transfer taxes on a sale: a state tax of 3.75 dollars for each 500 dollars of value (MCL 207.525) and a county tax of 0.55 dollars for each 500 dollars, up to 0.75 dollars in a county of 2,000,000 or more (MCL 207.504). The total value of the property must appear on the face of the deed or in an attached value affidavit. Transfers under 100 dollars in value and certain spousal transfers can be exempt.
Identify the grantor and grantee with their addresses, state the consideration, and include the full legal description of the property (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 recorded deed.
Michigan is not a community property state and has no general spousal-joinder rule for a deed; dower was abolished effective April 6, 2017 (MCL 558.30). If the property is held by spouses as tenants by the entirety, both spouses own it, so both must sign as grantors to convey it. Confirm how title is held before signing to avoid a defective transfer.
Choose the deed to match the protection intended. A general warranty deed (MCL 565.151, conveys and warrants) warrants title against all lawful claims, including those predating the grantor, and is the standard Michigan sale instrument. A covenant deed (special or limited warranty) warrants only against claims arising by, through, or under the grantor. A quitclaim deed (MCL 565.152) gives no covenants. The reason for the transfer usually points to the right one.
Does your Warranty Deed need to be notarized in Michigan?
Whether a Warranty Deed needs to be notarized depends on your state. Upload yours, pick your state, and get the current rule with the official source behind it, free and with no account. If yours does need a notary, online notarization is part of your DocDraft plan.
Check my Warranty DeedFrequently Asked Questions
A warranty deed guarantees the seller holds clear title and will defend the buyer against claims to the property. A quitclaim deed makes no promises at all; it passes only whatever interest the seller actually has. Michigan codifies both forms: the statutory warranty deed uses the operative words conveys and warrants (MCL 565.151) and carries express covenants of seizin, good right to convey, quiet possession, freedom from all encumbrances, and warranty and defense of title, while the statutory quitclaim (MCL 565.152) simply quit claims the property with no covenants.
Under MCL 565.151, a Michigan warranty deed using the words conveys and warrants guarantees that the grantor is lawfully seized of the premises, has good right to convey them, that the buyer will have quiet possession, that the premises are free from all encumbrances, and that the grantor will warrant and defend the title against all lawful claims. Those covenants reach title defects that arose before the grantor owned the property, which is what makes it a general warranty deed rather than a covenant deed or a quitclaim.
Michigan uses a warranty deed, not a grant deed. Unlike states such as California that convey with a grant deed, Michigan codifies a statutory warranty deed at MCL 565.151, whose operative words conveys and warrants supply the full covenants of title. Its other codified form is the quitclaim deed (MCL 565.152). A special or limited warranty deed, usually called a covenant deed in Michigan, is a matter of drafting rather than a separate statutory short form.
You record the signed, notarized deed with the register of deeds of the county where the property is located. The grantor's signature must be acknowledged before a notary first (MCL 565.8), and the name of each signer must be printed beneath the signature (MCL 565.201). Michigan follows a race-notice priority rule, so a deed recorded first generally defeats a later one, which is why you should record promptly (MCL 565.29).
Michigan does not require an attorney to prepare or record a deed; an individual may prepare their own warranty deed and record it. Because a deed transfers title and a mistake in the legal description, the covenants, or how the grantee takes title can be expensive to fix, many people have the deed reviewed before recording. DocDraft prepares your Michigan deed from your facts, with attorney review available as an option before you record.
It must be notarized. Before a Michigan deed can be recorded, the grantor's signature has to be acknowledged before a notary public, judge, or clerk of a court of record (MCL 565.8). Michigan does not require subscribing witnesses for a deed; the witness requirement was removed in 2002, and a curative provision even validates older recorded deeds that lacked witnesses. A proper notarial acknowledgment is what lets the register of deeds record it.
Usually yes when the property is sold. Michigan imposes a state real estate transfer tax of 3.75 dollars for each 500 dollars of value (MCL 207.525) and a county real estate transfer tax of 0.55 dollars for each 500 dollars, up to 0.75 dollars in a county of 2,000,000 or more (MCL 207.504). The total value of the property must appear on the face of the deed or in an attached value affidavit. Transfers under 100 dollars in value and certain transfers between spouses can be exempt.
A general warranty deed, the Michigan statutory form under MCL 565.151, warrants and defends the title against all lawful claims, including defects that arose before the grantor owned the property. A special or limited warranty deed, commonly called a covenant deed in Michigan, warrants only against claims arising by, through, or under the grantor, so it does not cover title problems that predate the grantor's ownership. A quitclaim deed (MCL 565.152) gives no covenants at all.