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Real Estate Deed Information

California Now Requires Real Estate Deeds that are Subject to Transfer Tax Show the Tax Amount on the Face of the Deed
Documentary Transfer Tax (AB 1888) Effective January 1, 2015, pursuant to Assembly Bill 1888, all California County Registrar‐Recorder/County Clerk’s Offices will require that “EVERY document subject to tax that is submitted for recordation ...

New California Requirements for Notary Acknowledgements on Real Estate Deeds
As of January 1st, 2015 there is a new requirement for notary acknowledgements on real estate deeds in California. A certificate of acknowledgment taken within California shall be in the following form: -- start acknowledgement A notary publ...

Revoking a Transfer on Death Designation Affidavit in Ohio
Ohio Revised Code § 5302.23(B)(5) contains the rules for revoking a recorded transfer on death designation affidavit. In short, it states that the owner of real estate previously identified as a transfer on death interest may revoke or change a bene...

Why Disclaim an Interest in Real Estate
Depending on the circumstances, inheriting real estate can be a blessing or a curse. If the beneficiary is considering how to handle an inherited house or other property, it’s worth including a disclaimer among the possible options. Next Avenue'...

Nebraska Statutory Transfer on Death Deed
The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need ...

Beware of Real Estate Deed Solicitation Scams
From the Office of Minnesota Attorney General Lori Swanson Landowners in eleventh-century England transferred land by gathering on the land with a group of witnesses to physically deliver the property to the new owner, such as by handing over a cl...

Is it Legal to Lie about Marital Status on a Real Estate Deed?
Before answering this question, it’s important to understand why the marital status is included on a real estate deed. There are two primary (and related) reasons: marketable titles and spousal shares. Black’s Law Dictionary, 8th ed. d...

Vesting: How You Hold Title To Real Estate
Title vesting is the way an owner (or owners) of property takes title to their real estate. The way that title is held will affect what the owner (or owners) can do with the property during his or her lifetime, and will also determine whether or not ...

Community Property and Real Estate in Washington
The Revised Code of Washington law allows for three primary forms of co-ownership for real property: joint tenancy, tenancy in common, and community property. Joint tenancy with the right of survivorship is authorized at RCW 64.28.0...

Real Property Mineral, Gas, and Oil Rights Affected by Real Estate Deeds
I. Mineral Rights What are mineral rights? Mineral rights are real property rights that pertain to the minerals beneath the surface of the land. These rights entitle the mineral owner to explore, mine, and produce the rocks, mine...

Frequently Asked Questions about the Alaska Transfer on Death Deed
Real property owners in Alaska have a new estate planning option: the transfer on death deed (TODD). Alaska joins with an increasing number of states using this law to help real estate owners manage the distribution of what is often their most si...

The Importance of a Legal Description in a Real Estate Deed
In a real estate deed, a legal description of the real property being conveyed is universally required to be present. The deed can also include a reference to the recorded map, survey, or deed containing the legal description in order to meet this re...

Filing a Corrected Deed in Texas
In Texas, a correction deed is the deed issued to make changes to an erroneous deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030). Texas P...

Conveying Real Property to or from a West Virginia Trust
Land owners in West Virginia may transfer their land into and out of trusts. In this situation, a trust is a legal construct where a third party (a trustee), holds title to real estate at the request of the settlor (the person who placed the title in...

West Virginia Transfer on Death Deed Law
Earlier this year, the West Virginia legislature voted to join with 13 other states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at §36-12-1 et seq in the Code of West Virginia, and went into effect on June 5...

New Mexico Updates Transfer on Death Deeds in 2014
Recently, the state legislature revisited the original transfer on death deed statute and decided it was due for an update. So, on January 1, 2014, New Mexico joined with ele...

Correcting an Error in a Recorded Instrument
Errors in a deed may create uncertainty about the title and cause problems when the current owner tries to transfer the property at a later point. Executing and recording a correction document is an easy way to prevent this. Once recorded, deeds ...

Quit Claim Deeds and Continuation of Title Insurance
The following is a guest post by Matthew A. Quick, Esq., an attorney licensed in the state of Illinois. Title insurance coverage is dictated by the terms of the policy issued by the title insurance company. In most, if not all, policies for title ...

Removing a Deceased Co-owner’s Name from a Real Estate Deed in Alaska
As of 2014, Alaska allows two forms of survivorship tenancy for real property: tenancy by the entirety and community property with right of survivorship (AS 34.15.140; AS 34.77.110). These options are only available to married couples. In general...

Georgia Bill Making the Filing of Fraudulent Real Estate Deeds a Felony
Georgia's House of Representatives has unanimously passed a bill cracking down on people who steal houses by recording fraudulent real estate deeds. The bill was sponsored by Rep. Tom Kirby and co-sponsored by Rep. Ed Lindsey. House Bill 985 would pr...

Kentucky Quit Claim Deed Information
In Kentucky a quitclaim deed is defined as follows: A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, ...

Wisconsin Instruments of Conveyance
General information about Wisconsin instruments of conveyance. Legal instruments such as warranty deeds, quit claim deeds, etc., that convey title from one property owner to a new owner, are usua...

Dower, Joint Tenancy, and Ohio’s Transfer on Death Instruments
Transfer on death deeds (“TODs”) are used to convey property rights to one or more beneficiaries after the owner dies. Unlike most other assets in an estate, property conveyed in a transfer upon death is not subject to probate distribution. In ad...

Recording Districts in Alaska
Alaska is divided into nineteen organized boroughs and one unorganized borough that encompasses more than half of Alaska’s territory and contains eleven census areas, which are Aleutians West, Bethel, Dillingham, Hoonah-Angoon, Nome, Petersburg, Pr...

Co-Ownership of Nevada Real Estate
The Nevada statutes identify three primary ways for two or more people to hold title to real property: tenancy in common, community property, and joint tenancy (NRS §§ 111.060, 111.063-065). Tenancy in common is the default form of vesti...

What is the difference between an Ohio survivorship deed and a transfer on death designation affidavit?
A survivorship deed conveys title rights to property upon execution and recording. As such, it is appropriate for a situation where the owners are married or are otherwise willing to be connected by concurrent (joint) ownership. If one of the co-owne...

Avoiding Delays in Real Estate Transaction Closings
If you have faced delays in closing, it might be good news then to hear that the Consumer Financial Protection Bureau is curious about addressing common problems that can be fixed. The CFPB, according to a recent article in the Los Angeles Times, wan...

Searching for a Recorded Document
Searching for recorded documents can be intimidating, but a few minutes of planning can save time and simplify the process. The method and availability of retrieving recorded deeds, mortgages, or other documents varies depending on the agency respons...

Quitclaim Deeds after Divorce or Dissolution
Quitclaim deeds convey the current owner’s rights in real property, if any, to new owners. The transfer may or may not include consideration (something of value, usually money). They are generally used to clear clouded titles, to settle boundary di...

The Myth of Adverse Possession - Gaining title to property through adverse possession
It’s not rare to read about people using—or trying to use—squatter’s rights and the property doctrine of adverse possession in order to legally take title to and possession of an abandoned home. Some of these attempts have even been successfu...

Information Topics

Adding Person to Deed
Beneficiary Deed
Chain of Title
Community Property
Corporate Transfers
Correction Deed
Disclaimer of Interest
Easement Deed
Gas and Oil Rights
Grant Deed
Joint Tenant
Legal Description
Life Estate
Limited Liability Company
Marital Status
Mineral Rights
New Hampshire
New Mexico
New York
Quit Claim Deed
Recorded Documents
Title Insurance
Title Search
Transfer on Death
Transfer Tax
Warranty Deed
West Virginia