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

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US-OG-051
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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.

In North Carolina, a Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest Intended to be Conveyed is a legal document used to correct any errors or inaccuracies in a previous deed that conveyed real property. This deed is executed voluntarily by the granter (the party giving up their interest in the property) and transferred to the grantee (the party receiving the interest in the property). The main purpose of this type of deed is to ensure that the correct amount of interest intended to be conveyed is accurately reflected in the new deed. Different types of North Carolina Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest Intended to be Conveyed may include: 1. Corrective Deed: A corrective deed is used to fix mistakes or errors in a previous deed, such as misspelled names, incorrect property descriptions, or errors in the conveyed interest. 2. Reformation Deed: A reformation deed is utilized when there is a mutual mistake or misunderstanding between the parties involved in the original deed, which resulted in an incorrect conveyance of interest. This type of deed aims to reform or revise the previous deed to accurately reflect the intentions of the parties. 3. Scrivener's Affidavit: A scrivener's affidavit is a sworn statement provided by the granter or another reliable witness, acknowledging and confirming the mistakes or errors made in the original deed. This affidavit is then attached to the corrected deed to provide evidence of the errors and the actions taken to rectify them. 4. Corrected Deed: A corrected deed is issued when there are minor errors or omissions in the previous deed that do not affect the conveyed interest significantly. This type of deed is issued to correct and clarify the errors without altering the underlying ownership interest. It is essential to consult with a qualified real estate attorney or professional to determine the most appropriate type of North Carolina Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest Intended to be Conveyed based on the specific circumstances and requirements of the situation.

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FAQ

These words of conveyance, also termed words of grant or operative words, constitute the granting clause of the deed. Depending on the jurisdiction, the interest being conveyed and the warranties given by the grantor, these words are: "grant and convey" "grant, bargain, and sell"

There must be a granting clause, operative words of conveyance (e.g., "I hereby grant"); 6. The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted.

A deed is a written legal document that is used primarily to convey real property from a seller to a buyer.

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.

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. Another item needed would be a property description. Typically, a legal description is used. Also, the grantor must sign the deed.

If the trial court finds the grantor intended the deed to take effect at some point in the future, or if the trial court finds the grantor thought the deed would not be effective until some subsequent act was performed, then there was no delivery and the deed is void and ineffective.

Words of conveyance 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.

So when two parties engage in the sale of a piece of property, they transfer ownership through a conveyance. For instance, when a car owner legally signs the title over to a buyer, they are engaged in a conveyance. The term conveyance is commonly associated with real estate transactions.

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In North Carolina a valid deed must have: 1. A competent grantor. 2. A grantee capable of holding title. 3. A sufficient description of the property. An estoppel affidavit (executed and acknowledged by the grantor, attesting to the fairness of the transaction, the value of the property, the consideration paid ...Capacity - An effective deed requires a grantee with capacity to acquire and hold the title of the property or the interest being conveyed. All conveyances of any interest in real property by a spouse who had previously executed a valid and lawful deed of separation, or separation agreement, or ... "A deed seeking to convey an interest in land "is void unless it contains a description of the land sufficient to identify it or refers to something extrinsic ... The subordination agreement must sufficiently identify the prior deed of trust and the new deed of trust, and must include terms which state the maximum amount ... A deed is a legal document that shows who has title rights to a property. Here are some examples of errors found on deeds and how to fix them. A deed in lieu of foreclosure (lieu deed) is a conveyance, by the owner of property encumbered by a mortgage, to the mortgagee, in full satisfaction of the ... § 47-20.1. Place of registration; real property. To be validly registered pursuant to G.S. 47-20, a deed of trust or mortgage of real property must be ... “Transfer” can encompass a mortgage or foreclosure a/w/a deed in lieu of foreclosure. • Time frame: 2 years before date of Petition. Also –. • NC Fraudulent ...

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