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Transferring Property Rights through Deed

Posted on: 27th May, 2004 11:42 pm
Deed is a legal instrument used to grant a right. It refers to a document used to transfer ownership of a property to another person. It provides the names of the old and new owners along with a legal description of the property being conveyed.

Is deed always required for property transfer?

The interest in the property cannot be conveyed without having a written documentation of the transfer. Hence a deed is most often required for the transfer of real property. However, in certain situations like a divorce, a document (a court order in case of divorce) other than a deed can be used to transfer property.

What can be done to make the deed valid?

In order to make the deed valid, one needs to follow the laws of the state or city. This is why it is better to use a deed prepared by an attorney who is aware of the legal aspects.

Generally there are two parties to a deed - the grantor transferring the property and the grantee receiving the title/interest conveyed. In most states, only the grantor has to sign the deed after which it is taken to the notary public who will sign and stamp it. The notary public verifies whether the signature on the deed is genuine. The deed is then recorded at the office of the County Recorder.

What are the different types of Deed?

There are various types of deeds required for different purposes in different states. A general idea about each type of deed is given below.
  • Quit Claim Deed:
    A document used to transfer any or all legal rights that the grantor has in the property. But the deed provides no warranty regarding the extent of the grantor's interest in the property. Know more

  • Warranty Deed:
    Through this deed, the grantor transfers all his rights on property to the grantee. Either it warranties clear title (title free of any lien or defects) to the property or whatever is stated on the deed. Know more

  • Grant Deed:
    It helps to convey legal rights to the grantee. It provides the guarantee that the title has not been transferred to any other person except the grantee and that the title is free from any lien attached to the property.

  • Fiduciary Deed:
    Using this deed, a fiduciary such as trustee, guardian or executor transfers property to the grantee. This legal document implies that the fiduciary has acted within the powers allotted to him.
Deed is necessary to effect the transfer of title/interest in a property. It acts as a proof of the grantee gaining access to the property rights. The type of deed chosen depends upon the circumstances under which the property is to be transferred.

Hi Guest,

As you're not refinancing the mortgage, you don't have to pay the closing costs. You can pay off the mortgage on your son's behalf and then he can transfer the property to you.

Thanks,

Jerry
Posted on: 27th Oct, 2010 02:55 am
My brother signed his portion of the house over to me so I could take care of our mother six years ago. Deed was registered and put in my name now I am selling house and he wants half of house. He sold me house for 1 dollar does he have any recourse
Posted on: 05th Nov, 2010 09:04 pm
I have recently found out that i possibly have onwed my home since oct 2005 ,due to a lost mortgage. i recieved the forms that were filed n deeds office n county i live n south carolina.but going thru a separation from wife, i neglected to follow up on documenst,since i had just refinanced home in may 2005 n in aug 2005 recieved letters saying my mortgage was PAID IN FULL. but i assumed that only meant that i had satisfied my first mortgage , and that my cuurrent company i had just refinanced with were assuming my new mortgage and becoming my servicer. and of course i remanined sending in my monthly payments ,we'll until i got behind due to economy , and fact I'm self employeed.. i have been going n circles trying to obtain a loan modification under new government guidelines. but i did not accept a outrageous mod package offered to me in march of 2010, keeping in mind i only singed a forebearance agreement in june 2008 , but failed to afford very high monthly payments. but not knowing or being made aware I technically may have owned my property since oct 2005 when mortgage company filed paperwork to my local deeds office. and according to any search under my name, revealed that mortgage had been canceled on oct 2005 and that i NEVER had anymore assignments to my mortgage ,or there was never any other mortgage company that supposedly owned, or serviced my mortgage. i have had wool pulled over my eyes from what i have found through my local court of deeds, but . i never recieved any copy of my deed ,with first company accompanied on deed, i have set up an appointment with a real estate attorney for next week. but needless to say ,i am very upset by fact i possibly owned my mortgage for 5 years, without any knowledge. and fact i have been railroaded by mortgage companies. i would just like a peace of mind, that i have a potential law suit against mortgage companies that have supposedly owned or just serviced mortgage all these years. any possible comments would be greatly appreciated. it's ashamed to think just how many people possibly lost homes due to similar ordeals.. thanks for any advice . to ease my mind until i consult with attorney n few days.. thanks..
Posted on: 04th Dec, 2010 08:03 pm
Welcome skooter,

You have taken the right step by contacting an attorney. The attorney will guide you in taking a correct steps in this matter. May be you'll be able to take legal action against the mortgage servicers.
Posted on: 05th Dec, 2010 09:59 pm
hi jessica,

back in '93, i believe, my husband, at that time, and i bought a house through an owner finance transaction. it was financed by them, of course, for 10 years. in '00, my husband and i got divorced and he gave me a notorized quit claim deed signing over his interest in the property to me. to my knowledge, a record of sale or that quit claim deed was never filed in the county records office. (i live in texas.) i paid off the house in '03, but the sellers have never given me any paperwork, forms, or a deed to the property. now, it's not like they're trying to rip me off or anything. they are very nice people who lived down the street from my parents when i was a kid. they are wanting to get this all settled because they are older now and don't want anything to happen to them that would leave me in a bind. it's just that they don't know what to do. they seem to think that i need to do something to get this going, but i'm clueless as to what i need to do. i did call the county records office and the clerk told me that they need to provide me with a warranty deed. if that is the case, i have questions about that too. since nothing was ever filed ... the contract of sale or the quit claim to me from ex...if they give me a warranty deed now can they just put it in my name and leave the ex's off altogether? if so, it would make my life so much easier as he has since become disabled and is in a nursing home and his brother is his guardian. i would love to just bypass having to get a deed in both of our names and then have to figure out another step to get it in just my name.

also, i have someone who is interested in buying the house...cashing me out...no financing. (it's an old house in need of lots of tlc.) i have to get all this straightened out before selling, which i know. but once i get a clear title/deed and am able to sell, what do i need to do in order to keep from making the same mistake that the people made when selling to me...by not providing me with any paperwork when i paid it off.

sorry for the long and complicated questions here, but i really don't know what to do and do not have the money to hire an attorney. i know my dad bought and sold properties several times w/out the use of an attorney, but he has since passed away and i'm not sure what forms he used and how he executed the title/deed issues.

thanks in advance for any help you can give me!!

yours truly,

deedless property owner in texas
Posted on: 27th Dec, 2010 05:33 am
Hi Guest!

Welcome to forums!

The whole thing has become complicated. You will have to hire an attorney and get the whole matter settled and get the deed transferred in your name. The attorney will be the best person to guide you in this matter.

Feel free to ask if you've further queries.

Sussane
Posted on: 27th Dec, 2010 10:40 pm
Many years we bought 4 plots (reserved for vets@family). What steps do we need to take to sell them now. What kind of deed?
Posted on: 23rd Jan, 2011 04:15 pm
You will have to list the property in the market in order to get buyers to sell off the property. As the deed required to sell the property is concerned, you should have a word with your real estate attorney and he will guide you in this matter.
Posted on: 24th Jan, 2011 01:55 am
I have a buyer that wants to buy my property and dwelling in as is condition.
I will pay all taxes due up to date. I have a bill of sale written up. How do I transfer the deed to the property to him?
Thank You,

David C

[Email address deleted as per forum rules. Thanks.]
Posted on: 27th Mar, 2011 06:20 pm
Hi David,

You will have to sign a quitclaim deed in order to transfer your property to someone else.

Thanks
Posted on: 27th Mar, 2011 11:55 pm
There are liens on property but I need to do a fudicary deed will liens be transfer with property
Posted on: 29th Jun, 2011 05:56 pm
Hi mamaw!

Welcome to forums!

As far as I know, liens won't be transferred with the property. You will have to pay off the liens before transferring the property.

Feel free to ask if you've further queries.

Sussane
Posted on: 30th Jun, 2011 12:17 am
my friend purchased a virginia beach time share and both our names are on the deed. I did not have any vested interest in the property. I wish to have my name removed from the deed of this fully paid property. We live in NC. Will a quit claim deed surfice. Will I have to include the state code for my home state of the invested property state (VA or NC)
Posted on: 25th Jul, 2011 01:22 pm
my friend purchased a virginia beach time share and both our names are on the deed. I did not have any vested interest in the property. I wish to have my name removed from the deed of this fully paid property. We live in NC. Will a quit claim deed surfice. Will I have to include the state code for my home state of the invested property state (VA or NC)
Posted on: 25th Jul, 2011 01:22 pm
my friend purchased a Virginia Beach time share and both our names are on the deed. I did not have any vested interest in the property. I wish to have my name removed from the deed of this fully paid property. We're non-married and live separately in NC. Will a quit claim deed be sufficient? Will I have to include a state code? If yes, for my home state or for the property state. I would like to complete this task this week. Thanks
Posted on: 25th Jul, 2011 01:35 pm
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