This form is a Bargain and Sale Deed with Covenants Against Grantor's Acts between two individuals, parties of the first part, and an individual as party of the second part. This deed complies with all state statutory laws.
New York Bargain and Sale Deed with Covenant Against Grantors Acts - Two Individuals to an Individual
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New York
Control #:
NY-035-78
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Word;
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FAQ
Bargain and sale deeds are most often used when property is transferred pursuant to a foreclosure, tax sale, or settlement of the estate of a deceased person. They may also be used in the same situations as a quitclaim deed, although they give the grantee a little more protection.
In New York, a bargain and sale deed with covenant against grantor's acts provides the grantee with a covenant that the grantor has not committed any act that would encumber title to the real property being conveyed and the covenant under Section 13 of the New York Lien Law.
You would simply prepare a deed to you and your fiance. You would then have to prepare and execute the other necessary forms take them to the clerks office and file them. I suggest that you consult with a local attorney. They can do this at a modest cost.
In most states you can file a disclaimer or deed of disclaimer that says specifically you were placed in title without your knowledge or consent and disclaim the deed.
A bargain and sale deed doesn't warrant against any encumbrances. It simply implies that the grantor holds title to the property.A bargain and sale deed is much like a quitclaim deed in this respect. It conveys property, but it makes no guarantees that no one else has a stake in that property.
A bargain and sale with covenants against grantor's acts contains only one covenant or promise; that is, that the grantor has done nothing to encumber title with easements, liens, judgements and the like while owing the property.It does not run with the land. This type of deed is typically used in New Jersey.
Buying property with this type of deed is not necessarily a bad idea, but it is advisable to take some precautions. If possible, a title search should be conducted to look for any clouds on the title and to see how difficult it would be to release them.
The quitclaim deed provides no warranties; it conveys the interest the grantor had in the propertynothing more.The bargain and sale deed indicates that the grantor has title; but property might come with encumbrances and defects.
Bargain and Sale With Covenants If a bargain and sale deed comes with expressly stated guarantees beyond simple ownership rights, it is known as a bargain and sale deed with covenants. The grantor of such a deed is guaranteeing the property against any possible claims expressly covered by the covenant.