Tag: deed transfer
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Older Adults, Look Out for These Two Common Deed Bloopers
What are the most common fumbles older adults make with deeds? Let’s take it from the top.
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Transferring a Deed Before the Loan Is Paid Off? Be Mindful of the “Due-on-Sale” Clause
Are you thinking of transferring your deed? You might be quitclaiming the deed to someone you know, or you might be transferring it into a company or trust. Or you might be getting ready to sell. In all of these cases, check the rules on your home loan. If you have a conventional mortgage loan…
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Life Estate Deed or Living Trust: Which Path Is Right for Your Home?
It’s never too soon to plan out the transfer of your deed after you pass. One way to do it? The tried-and-true method of writing your last will and testament and including your home in it. You have other choices, though. The life estate deed and the living trust are popular vehicles for a deed…
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Will an Easement Need a Separate Recording When Someone Wants to Sell or Buy?
An easement gives someone the right to enter, use, or travel through a deed holder’s land for a specified reason — without impacting the deed holder’s ownership of that same land. In this Q&A column, we take a look at easements that come up when a deed changes hands.
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Skipped Probate? “Muniment of Title” Might Restore the Deed
Sometimes, when people’s rights to a deed collide, muniment of title can restore the deed to one of them. And sometimes, this process is used on purpose, to streamline probate. Let’s take a look at this strange phrase that can be well worth knowing about.
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How Do I Get a Deed for a Home I Build?
Great question! We generally talk about “getting a deed to a home.” But the accurate phrase would be “getting the deed to the land.” The actual, built home does not have a deed. Let’s go a bit deeper. What do people who build their own homes need to know about their deeds?
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Senior Deed Transfers: Is Capacity In Question?
When an older adult transfers property, sometimes questions come up about whether the deed holder had legal capacity to transfer it. Did the person grasp the meaning of the transfer? Was the transfer voluntary? A court could undo a problematic deed transfer in a quiet title action. But deeds are presumed valid. If they’re properly…
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Selling Your Home in Retirement: How to Manage Deed and Title Transfers
Retired and thinking of selling your home? If so, you’re not alone. According to the National Association of Realtors, baby boomers are the largest group of both home sellers and buyers in the country. Here are some considerations for handling your deed and title transfer during your home sale.
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Congrats on Closing! Now, How Will You Get Your Deed?
Closing is the last step before you have the keys to your new home in hand, and your deed is on its way. The all-important deed is a legal instrument (document) that shows the transfer of property ownership from the seller, over to you, the buyer. This document confirms your ownership status for the property…
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Selling Without a Real Estate Agent? New Incentives, New Challenges
You might have heard that selling your home yourself could save you thousands of dollars in agent commissions. It’s a fact. Putting your home up For Sale By Owner (FSBO) is one way to get around agent commissions — which do still exist! Yet there are hurdles as well as potential rewards for the FSBO…
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Should My Spouse Add Me to the Deed?
Congratulations on your marriage! One of the many questions you might have about your life ahead is whether to go onto your life partner’s home deed. While we can’t provide personalized advice, we’re glad to offer a set of considerations for anyone asking this question. Follow up with your financial adviser on the points you…
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Transferring Your Deed Into Your LLC
Thinking about transferring the deed to your rental property into a limited liability company? Many investors do it. About 17% of investment properties across the country are held in LLCs. Here, we look at reasons to put real estate into an LLC, and how it’s done. And we’ll point to a few more things worth…
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When a Co-Owner Has Dementia: What’s Ahead?
Do you co-own a home? Then you could one day be asking if your deed can be signed over to someone else if either co-owner develops dementia. You might even want to transfer the deed entirely, and move to a place that will be easier on one or both of you. Let’s take a look…
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Can My Name Be Added to a Deed Without My Consent?
As a general matter, no. A deed transfer is not valid unless it’s delivered and accepted. A deed holder who is leaving a home to a beneficiary needs to talk with that beneficiary, and other loved ones. They should know what to expect for the deeds’ future. They should understand the reason the home is…
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What If the Deed Is Not Recorded? (Never Let This Happen.)
By accepting a deed, you become a new property owner. Be sure to file the deed you accept with the county recorder’s office. The recording becomes your public notice that you now own the property described on the deed. You might have heard that a deed works to transfer property as soon as it’s offered…
