Deed Of Trust Example In Maricopa
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Each document must have original signatures or carbon copies of original signatures, except when otherwise provided by law. DOCUMENT AND PRINT SIZE: Each document must be no larger than 8 1/2 inches wide by 14 inches long, and shall have a print size no smaller than ten point type.
For a deed to be legal, it must state the name of the buyer and the seller, describe the property being transferred, and include the signature of the party transferring the property. In addition to being either official or private, deeds are classified as general warranty, special warranty, or quitclaim.
A deed cannot be recorded unless it is accompanied by a completed and signed Affidavit of Property Value form. If a deed is claiming an exemption, the exemption number must be listed on the face of the deed. For a complete list of documents that are exempt, visit the Arizona Department of Revenue homepage.
It must include certain elements to be considered valid: Legal Description of the Property: This includes boundaries and is more detailed than just an address. Grantor's and Grantee's Details: Names and legal capacities. Consideration: A statement of value exchanged for the property.
The grantor, or the current property owner, must sign the deed in the presence of a notary public. The grantor must also formally transfer the property from their name to the trust's name. This step solidifies the legal transfer and ensures that the living trust holds the property.
Arizona follows a notice recording statute, which means that, while unrecorded transfers are valid between the parties to the deed (grantor and grantee), the grantor who, in violation of A.R.S. §33-411.01, fails to record the transaction, opens the grantee up to claims from future bona fide buyers for value.
"Trust deed" or "deed of trust" means a deed executed in conformity with this chapter and conveying trust property to a trustee or trustees qualified under section 33-803 to secure the performance of a contract or contracts, other than a trust deed which encumbers in whole or in part trust property located in Arizona ...
All deeds must be filed with the County Recorder's Office. Affidavit of Property Value – Required for every deed or transfer of ownership (except for property that is transferred through quitclaim for no monetary exchange or for a nominal amount.
While it is not legally mandatory that an attorney file your quit claim deed, an attorney can help with ensuring that the quitclaim deed is properly drafted and filed, and that you take advantage of any tax exemptions or benefits that may be available to you.
A deed is signed only by the grantor(s), not the grantee. A deed does not have to be recorded to be valid, but recording is very common. Bailey Law Firm advises clients on what deed is appropriate for their circumstance.
