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Because of the Real Property Transfer on Death Act (?the Act?), South Dakotans can also pass their real estate onto beneficiaries, without the real estate going through the probate process.
Is a contract for deed a good idea? While it is acknowledged that a contract for deed can help those who currently have poor credit or an otherwise tough lending situation, it isn't a good idea in most cases. There are several reasons why: The seller retains the title.
Laws & Requirements Signing Requirements § 47-19-03: A grantor must sign a quitclaim deed in North Dakota before a notary public and have it notarized. Recording Requirements § 47-19-07: A quitclaim deed in North Dakota is filed with the County Recorder's Office in the county where the property is located.
In a contract for deed, the purchase of property is financed by the seller rather than a third-party lender such as a commercial bank or credit union. The arrangement can benefit buyers and sellers by extending credit to homebuyers who would not otherwise qualify for a loan.
A contract for deed is a contract where the seller remains the legal owner of the property and the buyer makes monthly payments to the seller to buy the house. The seller remains the legal owner of the property until the contract is paid.
A major drawback of a contract for deed for buyers is that the seller retains the legal title to the property until the payment plan is completed. On one hand, this means that they're responsible for things like property taxes. On the other hand, the buyer lacks security and rights to their home.
Signing Requirements § 43-25-26: The grantor must sign South Dakota quitclaim deeds before a notary public or a subscribing witness. Recording Requirements § 43-28-1: Quitclaim deeds must be recorded with the County Register of Deeds's Office in the county where the real property is located. Transfer Tax § 43-4-21: $.
Contract for deed is a contract for the sale of land which provides that the buyer will acquire possession of the land immediately and pay the purchase price in installments over a period of time, but the seller will retain legal title until all payments are made.