Real Estate Deeds Made Easy Since 1997 – Deeds.com
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With a deed of trust, a buyer pledges an interest in real estate to secure a loan. In some states this takes the place of a mortgage document. (For a list of states commonly using deeds of trust see the…
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Holding Real Estate in a Trust-Or an LLC
Trusts and limited liability companies, or LLCs, can hold real estate for tax advantages or avoidance of the probate process. Some homeowners work in high-risk careers or own their businesses, and wish to keep the home from becoming vulnerable to lawsuits.…
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Recording Real Estate Documents: Time is Priority
State recording acts enable people to determine whose interest prevails if interests in the same property have been conveyed to several parties. For instance, what if a piece of real estate has several encumbrances: mortgage debt, a mechanic’s lien, and others? We need to know…
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The Abstract of Title in Real Estate: What Is It?
An abstract of title is a written chronology of all recorded documents and proceedings related to a specific piece of real estate. It shows the names of all the owners, how long each held title, and what each paid for the property.…
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Preferred Pronouns in Real Estate Deeds
Corey McCann is closing on a condo. Corey has just one more question for the title company agent: I wonder why, in the definitions in the mortgage agreement for the recorder’s office, I’m called “Corey McCann, a single woman.” Only my…
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The Transmutation of Real Estate Ownership Between Married Couples in Community Property States
If you are married and live in a community property state, you and your spouse may not think about whether certain assets are community or separate property. The former is generally all property acquired during the marriage, and the latter…
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Don’t Quit Your Claim! A Quitclaim Deed Is Not a Mortgage Saving or Estate Planning Tool
A quitclaim deed conveys—”quits”—a person’s interest in a property to someone else. Quitclaims prove useful in certain transfers of properties among family members or between divorcing spouses. The quitclaim allows separating partners to follow a court’s direction and leave one party…
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Your Real Estate and Probate
When a person dies, the property owned by the deceased person—alone, or in the names of the deceased and another person without survivorship rights—finds its way to the county probate court. If the deceased person co-owned property, and the living…
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Conveying Real Estate Through a Power of Attorney
A power of attorney enables an agent (also called the attorney-in-fact) to conduct transactions on another person’s behalf. The POA document often appears in the world of real estate transactions. A person (called the principal) might require a stand-in to sign…
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You’ve Paid Off the Mortgage. What Happens Now?
Congratulations! Paying off a mortgage is an impressive milestone. Now that you have paid off all the debt on your property, your home state’s law will direct your lender to take certain actions. The lender will send you a certificate of satisfaction. This…
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Adding Your Spouse to the Deed
You’ve just gotten married, and already own a house in your own name. You want to share everything with your spouse, including your real estate, so adding their name to the title is part of being married, correct? Well ……
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Real Estate Transfer Taxes
Most states and the District of Columbia impose a deed transfer tax when real property changes hands. This sales tax is based on the value of a given property. It applies to a transfer of full ownership from seller to buyer.…
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Remote Notarization of Real Estate Deeds
Today, many real estate documents are handled electronically. But it remains clear that notarizing a document, under the laws of all states, means witnessing a signature in real time. The notary’s witnessing role serves to verify to the public that the person who…
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Refusing to Accept a 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…
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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…
