Mortgages are customarily used. Deeds of trust are not customarily used in NJ.
In Massachusetts, there are primarily three types of deeds that are used in all transactions: Release Deeds, Quitclaim Deeds, and Warranty Deeds. The vast majority of property in Massachusetts is transferred via a quitclaim deed.
The deed must be signed in ink by the Grantors in the presence of a notary public, with the Grantors' names printed below the signatures. Contrary to popular belief, the Grantors' signatures do not need to be witnessed (other than by a notary). The deed does not need to be signed by the Grantees (buyers).
The probate process in California is time-consuming and expensive. Probate is required even if there is a Will. Unlike a Will, a Revocable Trust avoids probate. Lifetime gifts do as well.
Generally trusts are used as they allow the settlor a degree of control over how the property is to be used whereas gifts are used when no control over the asset is required. There is also different tax treatment of each type of deed.
Bargain and Sale Deed This is the most common type of deed used to transfer real estate. Typically, it should include a clause ensuring that the property will not be affected by any act of the seller during their period of ownership.
Deeds of trust are the most common instrument used in the financing of real estate purchases in Alaska, Arizona, California, Colorado, the District of Columbia, Idaho, Maryland, Mississippi, Missouri, Montana, Nebraska, Nevada, North Carolina, Oregon, Tennessee, Texas, Utah, Virginia, Washington, and West Virginia, ...
Mortgages are customarily used. Deeds of trust are not customarily used in NJ.
General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.