Understanding Property Deeds

Table Of Content

• Legal
• O.J. Simpson’s death certificate confirms his cause of death, lawyer says
• Column: As some nursing homes cry poverty, what can be done about increased staffing requirements?
• California Law Letting Property Owners Split Lots to Build New Homes Is 'Unconstitutional,' Judge Rules
• What Is Chain Of Title In Real Estate Investing?
• Make sure property deeds are a part of your estate plan

Banks generally offer this type of deed when they’ve become the owner of the property through foreclosure and are now selling the property to a new owner. They can fall into a variety of different categories, and there are certain nuances to each that you may not be familiar with. This article will review what a house deed is and how it affects your property rights as a homeowner. Most issues with title (like the above) must be resolved before the seller can transfer ownership of the property to the buyer. To sum up, the legalities around property ownership and transfer are pretty complex compared to most everyday purchases, hence the need for extra layers of verification and documentation. Tricia Brost, a top-selling agent in the Milwaukee area, shares that problems can arise when more than one person has ownership rights.

Legal

Making sure the property deed you have is valid where you live is the most important piece. Because of this, quitclaim deeds are seldom used when there’s a financial exchange for the property. They are often used in family matters, such as when a married person signs a quitclaim deed to convey their share of property interest to their spouse. With a general warranty deed, the grantee has a right to the property free and clear. The grantor, or the person selling or gifting the property, is guaranteeing that there are no liens or easements against the property.

O.J. Simpson’s death certificate confirms his cause of death, lawyer says

Raina Chou creates data-driven articles about the most pressing legal issues in the U.S., combining legal insights with a sharp understanding of users’ needs. Deeds of trust are used in about half of the states as an alternative to a traditional mortgage. Rocket Homes Real Estate LLC is committed to ensuring digital accessibility for individuals with disabilities.

Column: As some nursing homes cry poverty, what can be done about increased staffing requirements?

A house deed is a written document that shows who owns a particular property. When someone is ready to buy a house, the buyer and seller must sign a deed in order to transfer the property’s ownership rights to the new homeowner. When a home is sold, the grantor must provide the house deed to the grantee, who will likely conduct a title search to be absolutely certain the property has no liens on it.

California Law Letting Property Owners Split Lots to Build New Homes Is 'Unconstitutional,' Judge Rules

Let’s say you’re about to close on the home of your dreams only to discover your seller bought the property through a wrongful foreclosure. Or perhaps you’re loving life in your new digs when a stranger shows up at your door claiming it’s his home and that he never OK’d the sale. A top real estate agent can serve as an invaluable transaction coordinator during steps like the title search and deed transfer. There is no uniform template or format required of property deeds, so any documents that you come across may have some variations. We’re going to share some examples of what property deeds generally must include, but be sure to double-check the requirements of the specific state you live in.

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An heir to the former couch owner likely isn’t going to contact you down the road saying that they actually are the rightful owners of said couch, creating problems for you as the new couch owner. When you buy a brand new couch from the furniture store, you don’t have to worry about who owned that couch in the past and if there are any outstanding debts or claims against it. You pay for the piece of furniture, take a receipt, and now it’s yours to nap on or decorate with your favorite throw pillows. The latest real estate investing content delivered straight to your inbox.

What Is Chain Of Title In Real Estate Investing?

If yours is exempt, enter the Revenue and Taxation code that provides the exemption, and an explanation, then sign. If yours is not exempt, calculate the dollar amount and write it in. Consult an attorney or come to the Law Library to research appropriate wording. A transfer of ownership can get muddled even when a perfected deed has been filed. False deeds or deeds that contain errors can be filed that require clearing up with the record keepers. If a deed is not written, notarized, and entered into the public record, it may be referred to as an imperfect deed.

If they didn’t leave a will, an administrator’s deed could be used depending on local laws. To request a copy of the deed, you’ll need some basic information such as information about the owner, the property parcel number, the address, and the property description. Note that the owner may be the mortgage lender until the mortgage is fully paid. Chain of title represents the complete and unbroken ownership of a property. Learn more about chains of title in real estate and why they’re important here.

Make sure property deeds are a part of your estate plan

A deed is a signed legal document that transfers ownership of an asset to a new owner. Deeds are most commonly used to transfer ownership of property or vehicles between two parties. And finally, special purpose deeds are often used when the deed is owned by someone in an official capacity. These are similar to quitclaim deeds in that they offer no real protection for the grantee. A special warranty deed guarantees a certain amount of protection for the grantee but not as much as a general warranty deed. That’s because a special warranty deed only guarantees that there are no problems with the title during the grantor’s ownership period.

The document and the transfer of title are valid, but the related paperwork may need to be on file with the register of deeds to avoid a delay if there is a legal challenge. If you’re in the process of purchasing a home, you’ll receive a certified copy of the deed to your new house at the time the title gets transferred to you. As in the Executor’s Deed example, the municipality offers this type of deed to indicate that the deed is being issued by someone in their official capacity. They have no personal knowledge of the property or its title and they’re making no warranties. The spouse leaving the home will file a quitclaim deed to publicly make clear that they no longer have an interest in the property.

Therefore, you wouldn’t have access to certain rights or financial tools that would otherwise be at your disposal. A deed to real property must be properly filed with the local government for its owner to be able to sell it, refinance it, or obtain a line of credit on it. This task is usually undertaken by the property buyer's attorney or title insurance company.

In such situations, the seller or grantor usually has limited or no knowledge of the property’s history or status. A bargain and sale deed includes a warranty that the grantor owns the property but doesn’t guarantee against claims or liens. It does not protect the grantee against title-related problems that may arise after the transfer. The grantee assumes the risk of any encumbrances or defects in the title. Certain essential elements must be contained within the deed for it to be legally operative.

A real estate title, on the other hand, refers to the legal ownership of a property and the rights that come with it. The title includes a history of all ownership changes, liens and other encumbrances that affect the property. A title search is typically conducted to verify the seller has legal ownership of the property and identify any potential issues or claims that may affect the property. Home buyers can purchase title insurance to protect against possible past title or ownership issues that occur after buying a home.

House deed transfers are typically conducted at the time of closing and will typically be facilitated by a real estate attorney. The new deed is then filed with the county recorder’s office; this responsibility will be delegated at the time of closing. In some cases, your lender or agent will file the new deed, or your attorney may handle the responsibility. If you ever need to change the name on the deed, like after getting married or divorced, you can file a request with the county. A grant deed, used in some states, is similar to a special warranty deed. Generally, a state will use either a grant deed or a special or limited warranty deed, but not both.