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

State:
Multi-State
Control #:
US-OG-051
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Word; 
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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.

A West Virginia Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest Intended to Be Conveyed is a legal document used in real estate transactions in the state of West Virginia. This particular type of deed is used when there is a need to correct or clarify the amount of interest in a property that was intended to be transferred in a previous deed. Keywords: West Virginia, deed in lieu of prior deed, correct, identify, amount of interest, conveyed, real estate, transactions, clarify. In West Virginia, there may be various types of Deeds in Lieu of Prior Deeds to Correctly Identify the Amount of Interest intended to be conveyed, including: 1. Corrective Deed: This type of deed is used when there are mistakes or errors in a previously recorded deed, such as incorrect legal descriptions, misspelled names, or inaccurately stated interests. A corrective deed is executed to rectify these errors and ensure that the intended amount of interest is correctly identified. 2. Amended Deed: An amended deed is used when there is a need to modify or change the amount of interest intended to be conveyed in a prior deed. This can occur when there is a change in ownership percentages, division of property, or any other circumstance that requires an adjustment in the conveyed interest. 3. Reformation Deed: A reformation deed is utilized when there is a mutual mistake or misunderstanding between the parties involved in a prior deed, resulting in an inaccurate representation of the intended amount of interest. This type of deed seeks to correct the mistake and accurately identify the intended interest to be conveyed. 4. Quiet Title Deed: In some cases, a quiet title action is necessary to remove any cloud or uncertainty regarding the ownership or interests in a property. A quiet title deed may be used to correct a prior deed that failed to accurately identify the intended amount of interest, thus resolving any disputes or uncertainties over the property ownership. It is important to consult a qualified real estate attorney or legal professional when dealing with West Virginia Deed in Lieu of Prior Deed to Correctly Identify the Amount of Interest intended to Be Conveyed. They can provide guidance, draft the necessary documents, and ensure compliance with state laws and regulations.

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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"

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.

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.

Definition: the provision in a deed that specifies the names of the parties involved, the words of conveyance and a description of the property. Used in a Sentence: We were careful to read the granting clause portion of the deed to confirm all information was correct.

Negative covenants are actions you can't take, while positive covenants are actions you must take. For example, a negative covenant in real estate could prevent you from raising chickens on your property. On the other hand, a positive covenant could require you to mow your lawn.

The habendum clause is a clause in deed or lease contracts that defines the lessee's rights, types of interest, and other details of ownership. Consisting of basic legal language, they are included in real estate and mineral rights agreements to provide a clear understanding of the contractual terms.

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.

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Capacity - An effective deed requires a grantee with capacity to acquire and hold the title of the property or the interest being conveyed. Generally, the ... §37-11-2. Validation of instruments, acknowledgments and records. (a) No deed or other writing conveying or purporting to convey or release or assign real ...(C) The deed, deed of trust, or mortgage recites elsewhere the parcel's correct address or tax map identification number. (D) An “obvious description error ... 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 ... by JW Fisher II · 1996 · Cited by 24 — ... A conveyance, gives value, and B records before A. 19. The original statute ... a link in a chain of title is to correctly identify the successor in title to. The initial step in the recording process is the presentation of deed along with copies to the recorder's office in the county where the property is located. A quiet title action is a court action (lawsuit) intended to establish or settle the title to a property, especially when there is a disagreement. When deed or will necessary to convey estate; no parol partition or gift valid. A. No estate of inheritance or freehold in lands shall be conveyed unless by ... Prior to recording a corrective affidavit, the attorney seeking to record the affidavit shall deliver a copy of the affidavit to all parties to the deed, deed ... Oct 30, 2023 — This subchapter applies to the transfer of any interest in residential real property, whether by sale, exchange, installment land contract, ...

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