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March 21, 2019March 21, 2019

Refusing to Accept a Deed

image of an unsigned deed captioned refusing to accept the deed

For a valid real estate deed conveyance, two key actions must occur:

The giver (called the grantor) must deliver it the recipient (called the grantee).
The grantee must accept it.

A Recipient May Refuse to Accept a Deed.

Circumstances are not always right for taking on new ownership and new responsibilities. Moreover, not every piece of real property is desirable. Even with a significant estimated value, it might have hidden liabilities.

Thus, the gift of a deed can, and sometimes should, be turned down.

This can get difficult if the grantor has the conveyance recorded with the county anyway, without the grantee’s knowledge. The grantee will then be obliged to file a court petition to void the conveyance.

March 19, 2019March 19, 2019

What is the Chain of Title in Real Estate?

In real estate, the chain of title is the history of the property’s ownership. When a property is sold, the title is transferred, and these transfers form the chain. Researching the chain of title is among the tasks performed by a title company when a buyer signs a contract to purchase a property. The chain of title for any property is found in the relevant county recorder’s office, and there’s no reason you can’t conduct your own search to determine the chain of title. All the information is in the public record. Keep in mind that state laws governing the recording of real estate transfers differ, so the chain of title process in one state may differ somewhat from the chain of title process in another.

Chain of Title Documents

Formal documents maintain the chain of title. The chain ends with the most recent document affecting the property. Types of documents included are:

March 12, 2019March 14, 2019

Removing Someone from a Real Estate Deed

Image of two people at a desk with real estate deed discussing removing one of them from the deed.

Removing someone from a deed—is it possible? The short answer: No.

Misconceptions and Realities

It is a misconception that someone can be “removed” from the deed.

Nor can a co-owner simply take away another party’s interest in a property by executing a new deed without that other party.

In short, no one can be passively removed from a title.

Even if an owner “added” someone else to the real estate deed previously, the first owner cannot reconsider and take the second person off the deed.

Why?

March 11, 2019March 9, 2019

The Quitclaim Deed and Fraudulent Real Estate Transactions

Image of a safe fashioned in the shape of a house with hand reaching to open- article discussing quitclaim deeds and their role in fraudulent real estate transactions.

Quitclaim deeds show up commonly in fraudulent real estate transactions. This type of deed fraud can impact elderly people, buyers purchasing real estate from strangers without warranty, renters who are paying someone who is not a legitimate owner, and anyone involved who might buy, sell, or own property.

Here, we examine how it happens and how to detect it.

March 5, 2019March 5, 2019

What Is a Quiet Title Action?

A quiet title action is a special legal proceeding to determine rightful, legal property ownership. It is often a preventative or “friendly” lawsuit to ensure that no other parties have conflicting claims to a title, or to resolve an ambiguity. Depending on state law provisions, the plaintiff—that is, the party filing the complaint—may be the mortgage lender, a potential buyer, the legal title holder, or someone in actual possession of the property.

Prevailing in a quiet title action enables the rightful owner to get title insurance, to take a loan out on the property, and to convey the property free and clear of any cloud on the title.

When to File a Quiet Title Action

Whenever doubt or ambiguity arises as to ownership in a title search, the title company will not issue a title insurance policy. This means the property lacks marketable title. To obtain a mortgage loan, title insurance is necessary.