Property Deeds - Property Deed Transfer Form
State Specific Deed Forms or Attorney Prepared Property Deeds. US Legal Forms has a sample deed for every application and for use in every State. Whether you are transferring or receiving an interest in the property, we have the appropriate online template for you.
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Real Estate Deed Form - How to Save Legal Fees With a Deed Deed
Deed forms are essential legal documents used to transfer real property. Among the words pertinent to a deed are property, grant, assign, warrant, and convey. Just as professions each have their own language, so do business transactions. Real estate is just another word for property, and it has its own language as well. Buyers and sellers become grantors and grantees. Each property sale requires a real estate deed document.
Regardless of the type of legal paper, it becomes part of the public records which remain attached to the landed properties as a historical document showing who has owned it over time. Any time you transfer a title, a new property deed form must be officially completed.
The seller (grantor) and the buyer (grantee) can be individuals, corporations, or other entities. The appropriate description is accurately detailed in the deed document. The grantor must meet legal requirements, which vary from area to area. The typical requirements are that the person is competent to make the deal. Also, the deed must be signed by the grantor.
Let's take a look at the deed examples that you might encounter in a real estate transaction. The choice of the proper document depends on the type of business deal.
- A grant deed provides two guarantees. One is that the seller (grantor) states that the property has not been sold to anyone else. The other is that the grantor warrants (promises) that the property title has no encumbrances other than those already revealed to the buyer (grantee). Typical information in the grant deed includes a granting clause, which transfers the title from the grantor to the grantee, the names of the grantor and the grantee, and details of the property being transferred.
- Another type of sample deed is the general warranty deed, which is similar to a grant contract. There is one major difference and that is, warranties have a third guarantee. The third statement is that the title is free of any defects, even if a previous owner caused the defect. Depending on state law, a phrase such as "conveys and warrants" is included. These are considered operative words of conveyance.
- A special warranty deed is a variation of agreement and it only warrants what is specifically written in the deed. It is sometimes called a limited warranty deed and can be compared to a quitclaim deed. It is usually reserved for use by entities wishing to avoid the potential hassle of relying on a general warranty deed. It conveys and specially warrants certain details.
- Quitclaim deeds are another type. It’s a specifically designed sample deed to convey any interest that the grantor might have in the property. Quitclaim notices are often used when a couple is getting divorced and one party wants to transfer property to the other partner. In a divorce, one spouse sells the property, and the other spouse signs a quitclaim agreement so that the buyer never has to worry about a dispute that could emerge after the divorce is final. It allows a potential grantor to assure the grantee that he or she has quit any claim on the property. The operative words of conveyance are along the lines of "convey and quitclaim".
- There are special circumstances when ather real estate deed form is necessary. For instance, if the real estate transaction involves property with unpaid taxes, a tax deed is usually required to clarify and indemnify the conveyance of the title to the new homeowner.
- If a family member wants to transfer property to another member of the family, a gift deed might be needed. This assures the grantee that the house is his or hers even if no money has exchanged hands.
- A deed in lieu of foreclosure is used for circumstances where the grantor is on the brink of losing his or her property in bankruptcy and chooses to deed the property to a grantee instead of having it foreclosed upon.
- A fiduciary deed is executed by a fiduciary. This happens when a trustee is appointed to deal with the property. An example would be when a house belongs to a minor and a guardian is appointed to handle legal matters until the homeowner is of age.
- A security deed replaces a mortgage and is used when the owner borrows against the property and the lender requires an interest in the property. The owner keeps using the property but the lender has title to it until the loan is repaid.
- A release deed or deed forms of reconveyance is held by a trustee under a deed of trust loan and when the loan is repaid, it releases (or conveys) the deed back to the grantor.
All you need to know is that any time you make a change in your real estate status, you need a real estate deed form of one type or another for the transaction to be valid. The online templates could be needed even if you are not buying or selling a flat or house. If you add or delete a name from the title, you need new legal proof. However, you cannot just delete a name without that person's permission. They have to agree to be removed, sign the deed, and have their signature notarized.
If you want to sign your land over to your children, you need a blank property deed form in PDF format to fill in at ease. Any change at all in ownership or status requires legal paperwork. Of course, once you sign a template, you have to file it with the authorities. Usually, this means having it recorded at the County Recorder's office or with the Recorder of Deeds. This action is referred to as the transfer or conveyance of the property deeds and it takes place once the grantee accepts the conditions and the grantor signs the form and has it notarized.
You don't need to hire a lawyer to help you through the steps of conveying real property. All the tiny details can confound you if you try to do it on your own without the proper blank PDF form. Sometimes there are nuances such as joint tenants with rights or tenants in common. These might sound like the same thing but they are not. Then there are variations such as rights of survivorship.
The information you provide must be accurately described when recording in the public records and the steps you take must be done properly. Therefore, it is essential that you select the right kind of deed example for transferring your property.
Real Estate Deed Form FAQs Legal Description Of Property Lookup
How do I add a name to a property deeds title? Deed Of Sale Of Motor Vehicle
A property transfer may be made using a new quitclaim or warranty sample deed. The grantor or grantors will sign the template with the names of the current owner(s) to themselves plus the new owner, either as joint tenants or tenants in common. After it is notarized and the recording requirements are followed, the new owner will have an interest in the property.
What is a fiduciary deed? Deeds
This is used by a fiduciary, such as a trustee, to transfer belongings to another homeowner.
Do deed forms have to be notarized? Deed Form
Yes, the grantor will sign the form in front of a notary so that it may be notarized at the same time. This is a legal recording requirement for a land title transfer. This is regardless of a quitclaim act, fiduciary agreement, or if any other type is used.
What property deed forms do you offer? Transfer On Death Deed
We have all the blank forms used to transfer real property titles, such as quitclaim acts, grants, warranty agreements, deed in lieu of foreclosure forms, trust forms, fiduciary, and many more landforms. All of our blank PDF and Word templates are professionally drafted to comply with the law where the land is situated. Free deed samples are available for preview. It's important to use a quality transfer form in the sale of property due to the value of the property involved.
What is a quitclaim deed? Interspousal Transfer Deed
Quitclaim deed forms are a common way to transfer property but don't include the same guarantee as in warranty records. The interest in the property being transferred isn't guaranteed to be free from third-party claims. A quitclaim is often used to transfer a land title in cases of divorce or between family members when there isn't any doubt regarding ownership or liens. This paper is often used to simply add or delete a name from a contractor and put real estate into an LLC or trust. The grantor doesn't warranty clear title in a quitclaim document and conveys only the interest in the property held.
When are warranty templates used? Transfer On Death Form
Warranty deed example is a popular form to transfer real estate title. The real property title described is also guaranteed not have claims on the real estate, such as back taxes or liens. This form says the grantor has an interest in the land that is held with clear title. In some states, it may be called a grant deed or deed of warranty.
Is a quitclaim template different from other deed forms? Property Deed Search
Sometimes people mistakenly call it a quick claim form and assume it is a faster way to deed property. However, the procedure to quitclaim property is the same as for a warranty deed, deed in lieu of foreclosure, etc. Quitclaim documents need to be signed by the grantor, must be notarized, and are subject to the same recording requirements.
When is a deed in lieu used? Transfer On Death Deed Form
Deed in lieu forms, also called a deed in lieu of foreclosure, are often used in negotiations with mortgage lenders when the owner is facing foreclosure. Basically, the debtor agrees to transfer the land back to the lender in exchange for not bringing foreclosure proceedings.