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42264y FAQ
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In the State of Tennessee, a quitclaim deed must be either notarized by a Notary Public or signed by the seller of the property in front of two witnesses (§ 66-22-101). Once one of these criteria has been met, the document must be filed with the Register of Deeds Office along with the proper filing fees (§ 66-5-106).
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$12.00 first two (2) pages. $ 5.00 each additional page. $ 5.00 each additional reference.
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The documents can be prepared by anyone as long as the required information is written in the deed as outlined in § 66-5-103. Once the forms have been prepared, along with the Legal Description of the property, it may be signed with two (2) witnesses or a notary public.
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Gifts of real property in Tennessee are, however, subject to the federal gift tax, which the grantor is responsible for paying; however, if the grantor does not pay the gift tax, the grantee will be held liable [1].
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Tennessee real estate owners can transfer ownership or change how property is titled by recording a signed, written deed. Tennessee recognizes three primary types of deeds. The distinguishing feature of each type is the warranty of title it provides the new owner.
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An affidavit of heirship is the simplest way of transferring real property after a person has passed away. When a person dies in Tennessee without a will, real estate immediately vests in the heirs of the decedent.
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Removing a Name From a Property Title Talk about property ownership interests. ... Get a copy of the deed. ... Complete the transfer of title form. ... Turn in the form and payment. ... Ask for a certified copy of your quitclaim or warranty deed.
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The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner's interest in the property.
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Per Tennessee Code § 67-4-409, the state imposes a Realty Transfer Tax on most transfers of real property. For quitclaim deeds, the amount of the tax is at a rate of $0.37 per $100 of the property's purchase price.
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If you need to remove a name from a title deed for a property with a mortgage on it, you will need written consent to do so from the lender. Generally, it is easier to obtain this if the person(s) left on the title deed is (are) sufficiently financially secure.
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