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Zombie Titles and Foreclosures
The housing bust and foreclosure crisis in America has left many homeowners facing some serious financial and housing issues, but it has also introduced another scary situation for homeowners who have defaulted on their mortgages: Zombie Titles. It m...

New York Bargain and Sale Deed Statutory Outline and Concept
In New York, a bargain and sale deed with covenants against the grantor’s acts is a customary form for a conveyance of real property. A bargain and sale deed ca...

How to Correct a Recorded Real Estate Deed in Oregon
A previously recorded deed can be corrected by attaching a new cover sheet that contains the re-recording statement required by Oregon statutes. If your instrument is recorded and later found to have missing, incomplete, or incorrect information, ...

Correcting a Real Estate Deed in Alabama with a Correction Deed
In order to correct a prior deed on record, use a correction deed, which must be notarized and recorded at the same county agency as the earlier deed. The Alabama correction deed makes...

Removing a Deceased Community Property Owner’s Name from an Arizona Real Estate Deed
Arizona law allows married couples to hold title to real estate as community property with right of survivorship (A.R.S. § 33-431). With this type of ownership, the property becomes a shared marital asset; if one spouse dies, the other gains full ri...

How to Remove a Deceased Joint Tenant from an Arizona Real Estate Deed
The process of removing a deceased joint tenant from an Arizona deed is fairly simple. When two or more property owners hold title as joint tenants with right of survivorship, and one of those co-owners dies, the surviving owners share the decede...

Property Transfers using a Beneficiary Deed in Arizona
The Arizona Beneficiary Deed, governed by Arizona Revised Statutes § 33-405, is a useful estate planning tool. It gives owners/grantors of Arizona real estate the ability to initiate...

Using a Quitclaim Deed To Remove A Spouse From Real Estate Title When Getting A New Loan Or Refinancing
It is not uncommon in today’s climate for one spouse to have a better credit score than the other. Credit ratings can make a big difference with financing, especially when it comes to purchasing real estate. Oftentimes, lenders will suggest that th...

Adding a Person to a Deed Using a Quitclaim Deed
One of the most common incorrect assumptions in real estate is that someone can be added to a deed. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the p...

Affidavit of Deed
An affidavit is a sworn statement, made in front of a notary or other officer authorized to administer oaths. An affidavit of deed confirms delivery and acceptance of a deed by the grantee, and thereby its validity. It is a useful document because mo...

Indiana Transfer on Death (Ladybird) Deed
Indiana outlines the rules for its transfer on death deed in IC § 32-17-14 – the “Transfer on Death Property Act.” The act, which became effective on July 1, 2009, gives owners/grantors of real estate in Indiana the ability to initiate, but no...

Understanding the Utah Water Rights Addendum
A person submitting a deed for recordation to a county recorder’s office in Utah is required to also submit an attached Water Rights Addendum, as of July 1, 2011. This becomes part of the deed and is recorded along with it. The form for this is pro...

Removing a Deceased Joint Tenant from an Ohio Real Estate Deed
Removing a deceased joint tenant’s (or survivorship tenant’s) name from a real estate deed in Ohio is a fairly simple process. Once the beneficiary or co-tenant obtains an official copy of the decedent’s death certificate, he or she completes a...

Removing a Deceased Joint Tenant from the Title of Real Property in Michigan
To remove a deceased party from a Michigan real estate deed, submit a certified copy of the death certificate along with the new instrument of conveyance stating “survivor of” in the grantor section, or show by liber and page or instrument number...

Estate Planning in Michigan Using a Ladybird Deed
Michigan Ladybird Deed (Warranty Deed with Enhanced Life Estate and Power of Appointment) When correctly executed and recorded, this deed provides the structure for a non-testamentary transfer of real property. Leaving the real property out of a ...

Ohio Medicaid Estate Recovery Program and Form Information
Ohio Notice to Medicaid Estate Recovery Program Form In order to comply with Ohio’s Medicaid Estate Recovery Program, beneficiaries of a transfer on death instrument (transfer on death deeds before 2009, transfer on death designation affidavits ...

Ohio Deed that Transfers Real Property Interest When the Grantor Passes, Sometimes Called a Ladybird Deed
Ohio Transfer on Death Designation Affidavit This useful estate planning tool conveys ownership of Ohio real property to designated beneficiaries after the grantor dies. The grantor retains full ownership and control of the property while alive, a...

Illinois Transfer on Death Instrument
On January 1, 2012, the Illinois Residential Real Property Transfer on Death Instrument Act (755 ILCS 27) went into effect. With it, owners of residential real property in Illinois have a new choice for non-probate asset allocation—the transfer on ...

Short Form Deed of Trust
A deed of trust (DOT), also known as a trust deed, is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in an attached promissory note. It’s ...

Promissory Note
A promissory note is a negotiable instrument that defines the details of a loan. This document should contain specific information: • Borrower • Lender • Amount of loan • Interest charged • Minimum payment amount • Due date •...

What is an Affidavit?
An affidavit is a document containing an individual’s voluntary sworn statement, given in front of a notary or another official who is authorized to administer oaths. While affidavits have many different uses, one of their most important aspects is...

Enhanced Life Estate (Ladybird) Deed vs. Traditional Life Estate Deed
The enhanced life estate deed is a uniquely designed instrument that is only available in a few states, including Florida. It is similar to a traditional life estate deed in that the grantor retains access to the property during life. However, t...

Land Registration System in Ohio
The Torrens System was enacted in Ohio in 1913 and is still used in parts of the state. The original goal of the Torrens System of land registry was to compile all records relating to a parcel on a single certificate as a way to simplify record-keepi...

Abstract and Torrens Property in Minnesota
There are two different ways of owning and indexing real property in Minnesota: Abstract Title and Torrens (Registered). Registered land is more common around the Twin Cities area while rural areas have more Abstract land. The Torrens System has been...

Recorded Land and Registered Land in Massachusetts
The Torrens Act (Registered Land) is modeled after Sir Robert Torrens, an Australian customs administrator who encountered a system of recording ownership of ships in the 1850s. This system eventually spread to English speaking countries. Under the R...

Affidavits and Re-recorded Real Property Documents in Utah
An error in a document can be corrected in one of three ways: 1. By recording an affidavit. 2. By re-recording the document. 3. By recording a new document. AFFIDAVIT When deciding if a document needs to be corrected, it is best to fir...

Power of Attorney for Finances
A power of attorney (POA) for finances is a document in which one person (the principal) authorizes another person to act as his or her agent, or attorney-in-fact, for only finance-related legal matters. These powers can be broadly or narrowly define...

Using a Real Estate Deed to Transfer Property
A real estate deed is a legal instrument with the purpose of assigning ownership of real estate property and of transferring the title to land as well as its improvements. A deed can transfer property by use of words like granting, conveying, or assi...

General Real Estate Deed Information
The term “real estate deed” encompasses many different types of instruments, each with an express purpose. Some of the most common types of real estate deeds are quitclaim deeds, deeds of trust, warranty deeds, and deeds in lieu of foreclosure. ...

Recording a Deed in Regular System or Land Court System in Hawaii
Hawaii has two systems of recordation for real property documents: Regular System and Land Court System. Both of these systems are housed in the Hawaii Bureau of Conveyances, which is the statewide recording office in Hawaii. Hawaii does not have a c...

 
 
 
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