Deed Of Trust Vs Deed Of Gift In Phoenix
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The most common deed form in Arizona is the warranty deed. Warranty deeds provide protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title. Quitclaim deeds are available in Arizona, but often not insurable.
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.
Where to Get a Deed of Trust? To get a Deed of Trust, you must file the proper paperwork with the proper court as generally outlined above. These documents must be filed with the county clerk or recorder, and the lender typically sends them to the recording office after the property closing.
Are you familiar with the deed of trust? In Arizona, this is the primary financial security document that's used when purchasing a home. While the deed of trust is similar to the mortgage, there are some notable differences to be aware of. If you're not sure how to differentiate the two, don't worry.
In general, Arizona property will involve three types of deeds: 1) a warranty deed, 2) a special warranty deed, and 3) a quit claim deed.? The main differences between them are the guarantees made by the seller regarding the title to the property.
You might come across four deed types in your real estate career: primary deeds, Arizona deeds, Judicial Deeds, and Special Purpose Deeds. Read our quick guide to the most commonly used deeds in Arizona so you can head into real estate transactions with confidence.
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.
To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.
Before setting up a trust, it's wise to talk to an attorney experienced in Arizona trust matters. While it's possible to forge ahead on your own, an experienced attorney can help you avoid problems. Further, a trust attorney can outline all of your options (i.e., wills vs.
Disadvantages of Putting Your House in a Trust Loss of Direct Ownership. Potential Complexity and Administrative Burden. Potential for Increased Costs. No Asset Protection Benefits. Limited Tax Advantages. No Protection Against Creditors.
