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The guarantees of a general warranty deed are known as covenants. Traditionally, there are six covenants of title which can be divided into present covenants and future covenants.
Remember that a house title refers to the legal ownership of a property. It's not a document. If you hold title on a property, you own it. A property deed is the legal document that officially transfers ownership of the property from its previous owner to its new one.
A transfer of real (immovable) property can be made by authentic act or by an act under private signature duly acknowledged (CC1839 Art. 1839). An authentic act must be executed in the presence of two witnesses, signed by each party executing it, and signed by the notary public and witnesses.
Louisiana does not provide a statutory form of deed. There are customary general warranty deeds, special or limited warranty deeds, and quit claim deeds. Forms for a deed, referred to as "an act of sale" in Louisiana, must contain the true sales price.
A Louisiana general warranty deed is used to transfer property in Louisiana from one person (the seller) to another (the buyer). The warranty deed guarantees that the property is free from any other claims or interests against the title.
Recording ? Must be submitted to the Clerk of Court's Office in the parish where the property is located along with the required filing fee (varied by office). Signing ? A quitclaim deed must be authorized with the Grantor(s) (the Sellers) in front of two (2) witnesses and a notary public.
A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.
Once you complete the form, file it with the parish in which the real property sits and pay the applicable recording fee. Most quitclaim deeds will be less than five pages, meaning the fee will be $105.00.
A traditional deed simply transfers the ownership of a property from one party to another (in other words, the seller to the buyer.) Whoever legally holds the deed is the rightful owner of the property. A warranty deed, on the other hand, contains special assurances that the seller makes to the buyer.