Michigan Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest intended to Be Conveyed

State:
Multi-State
Control #:
US-OG-051
Format:
Word; 
Rich Text
Instant download

Description

This form addresses the situation where a deed has been granted, only to determine that the interest described in the deed was incorrect. Rather than executing and delivering another deed, which may give rise to the question of whether there were two deeds, this form serves to convey the corrected interest and specifies that it is in lieu of the previously delivered deed.

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FAQ

A habendum clause is section of a contract that deals with rights, interests, and other aspects of ownership given to one of the parties in land deals. In real estate leases, the habendum clause deals with the lessee's rights and interests.

Each county's form requires the same basic information, including the names and addresses of the grantee and grantor, the property description (which you can get from a prior deed to the property or from the County Register of Deeds Office), and the amount of money being exchanged for the property.

Also, in a deed, we need to have what's called the granting clause, which would be words of conveyance or transfer. Proper wording would be something like, ?I the seller, hereby convey and warrant this property to the buyer.? That would be sufficient words of conveyance.

A quitclaim deed is a deed by which a grantor transfers only the interest the grantor has at the time the conveyance is executed.

Commonly referred to as the ?Granting Clause?, it identifies the grantor and grantee, and states that the property is being transferred between the two parties. Defines the interest or estate being conveyed and must agree with the words in the granting clause.

Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.

At the end of the description, the deed will contain a ?being clause? which typically reads as follows: Being the same premises conveyed to the grantors by deed dated _______________ and recorded in Hampden County Registry of Deeds Book _________, Page __________.

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Michigan Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest intended to Be Conveyed