Essential Deed Elements Legal capacity: The grantor must have the legal capacity to transfer the property, and the grantee must be capable of receiving the grant for the property.
Title – The legal right to ownership. Deed – The document transferring title from one party to another.
When you own a home, the deed is the physical document that proves ownership. The title is the concept of legal ownership that the deed grants you. You can think of the deed as the document that transfers, or passes on, the title or the right to ownership. When you buy a home, you need both.
A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.
– Quitclaim Deed: This deed transfers the grantor's interest in the property without any warranties or guarantees. It is often used for transfers between family members where the grantor may not want to warrant the current status of title.
If you're removing your own name, you can agree on the details of the change, most importantly who it will be transferred to. To transfer ownership, you can use either a “quitclaim deed” (conveys the grantor's interest, if any, to a grantee without representing that the title is good.
There are three (3) convenient ways to retrieve a document from our extensive files: Visit waynecountylandrecords - available 24 hours a day. Visit our office in historic Greektown (kiosks are now only available to be used from am - pm) Request a Search-by-Mail.
A general warranty deed is the strongest deed because it offers the most protection. A quitclaim deed is usually the weakest deed because it offers the least amount of protection.
Generally, there are two main types of title searching, a full coverage search and limited coverage search; other types include non-insured reports and foreclosure guarantee search. It is often the case that people choose to contact a title company or attorney to conduct an exhaustive title search.
Liens are the most common title defect. Mortgages, unpaid real estate taxes, HOA assessments, and court judgments are examples of liens. Other common title problems are errors in the public records, missing owners, invalid deed signatures, unknown encumbrances, document errors, and boundary disputes.