Tag: real estate law
-
Trees, Smoking, and Other Neighbor Troubles: What’s a Homeowner to Do?
They say good fences make good neighbors. Perhaps we could add shrubs or trees, too. Fences and trees can helpfully separate one residential property from the next. Their presence can make boundaries obvious and clear-cut. Then again, their helpfulness depends on how homeowners personally experience them. Hedges or fencing can be poorly placed, making property…
-
Can a Quitclaim Deed Be Undone?
A quitclaim deed transfers real estate to a new owner. A properly completed and recorded quitclaim cannot be undone. Here’s why — and what to do next if there’s a problem with the transfer.
-
Can I Quitclaim My House Into a Living Trust?
We’re glad you asked. You might have heard that a living trust can… All of the above are reasons many people use this method of passing their property along after they die. And a home is a typical piece of property that people put into a living trust. Importantly, a living trust is a…
-
Will Versus Quitclaim: When There’s a Conflict, Who Owns the House?
Usually, the quitclaim deed overrides the instructions in a will. But the devil is in the details. At age 60, Letitia bought her Sacramento home, as a sole owner. Twenty years later, aged 80, Letitia went into a care home. Letitia subsequently signed a quitclaim deed and gave the home to Jackson, the only one…
-
Buying Property with a Quitclaim Deed in Massachusetts
A Quitclaim? No problem. It’s Common Practice Here — and Safeguarding Your Title Is Straightforward. Three major Massachusetts real estate deeds are commonly used: the quitclaim deed, the warranty deed, and the release deed. In contrast to most other places, Massachusetts home buyers receive their property through quitclaim deeds. So, we need to delve into…
-
Bargain and Sale vs. Quitclaim Deeds: A Concise Guide
Are you looking to buy a home though a bargain and sale deed? Perhaps you’re buying after a foreclosure, or from an estate or a court-ordered sale. If so, the entity granting the deed to you might lack knowledge of the property’s history. Basically, the deed means a buyer is expected to accept the house…
-
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 as sole owner of the marital home. Quitclaims might seem convenient in other circumstances, but…
-
Removing Someone from a Real Estate 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…
-
The Quitclaim Deed’s Function in a Contract for Deed Sale
A contract for deed sale can present a convenient alternative to the traditional real estate conveyance. In this owner-financed deal, the buyer usually lives on the property upon the execution of the contract. While enjoying the property, the buyer pays for it in monthly installments, until the agreed-upon price has been paid in full. Down the road, when full payment…
-
What is a Special Warranty Deed?
If you’re like most people planning to make a real estate purchase, you want to know that the property you’re purchasing is actually owned by the seller, that it’s in reasonably good shape, and that the title is free of defects. Real estate transactions aren’t always as seamless or clean as buyers might like, though.…
