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A deed of trust is a legal agreement used in real estate transactions that establishes a piece of property as collateral for a loan, much like a traditional mortgage. The deed of trust is signed by the borrowing party and recorded with the register of deeds where the property is located.
Therefore, the unrecorded deed runs the risk of being unenforceable should a later purchaser of the same property challenge your deed, especially if they've recorded their deed. This demonstrates the importance of making sure you record after a purchase of real property (land).
A Deed of Gift is a legal document that formalizes the transfer of ownership of a property or asset from one party to another as a gift based on related rules. It is a crucial legal instrument that ensures the proper transfer of ownership and protects the interests of both parties involved in the transaction.
The party gifting over the deed is known as the donor, and the party receiving the gift deed is often called the recipient. Additionally, gift deeds are only valid for 2 years after they are made, otherwise they are void. (NC Gen. Stat.
A deed must state the name and address for the current owner making the transfer (the grantor) and the new owner receiving the property (the grantee). A deed with more than one grantor or grantee must include the names and addresses of all parties.
North Carolina repealed its gift tax, but you may still owe gift taxes at the federal level. However, you have an annual gift tax exclusion of $17,000 for your 2023 returns. You can gift this amount to any number of persons without worrying about the IRS.
Before you can transfer property ownership to someone else, you'll need to complete the following. Identify the donee or recipient. Discuss terms and conditions with that person. Complete a change of ownership form. Change the title on the deed. Hire a real estate attorney to prepare the deed. Notarize and file the deed.
Drafting of legal documents, including deeds, mortgages, and other transaction documents must be prepared by a NC attorney. NCGS § 84-2.1. Non-attorneys may provide limited services in a real estate closing including witnessing of closing documents and receipt and disbursement of closing funds.