Deeds.com
Home > Information  
Real Estate Deed Information

Giving Up Ownership of Real Estate When You're Still on the Mortgage
It's every homeowner's nightmare scenario: you get a phone call from a mortgage company, telling you your home is in foreclosure and that you must pay now or face an avalanche of debt and legal actions. But you signed the house over to someone else m...

Why Aren’t There Trustee’s Deeds in New York?
Trustee’s deeds are used to convey property under a deed of trust in non-judicial foreclosures. However, New York repealed its non-judicial foreclosure laws in 2009 and became a mortgage-only state [1]. New York’s foreclosure process now must go ...

Trustee Deed Used for Non Judicial Texas Foreclosures
Non-judicial foreclosures in Texas are governed by Chapter 51 of the Texas Property Code, which outlines the foreclosure process for residential property, or the property used by borrowers as their principal residence [1]. Foreclosures of non-residen...

Transfer on Death Deeds for California Real Estate
As of January 1, 2016, owners of residential real property in California have access to a new estate planning tool: the Simple Revocable Transfer on Death Deed (TODD). Find the law in the California Probate Code, starting at section 5600. These in...

How to Obtain a Copy of a Real Estate Deed
With the exception of a birth certificate, a real estate deed may be the most important document in your possession because it is the only thing that can prove that you own your home. Locating the original deed is also important before purchasing lan...

Understanding Trustee Deeds
Trustee’s deeds convey real estate out of a trust. Depending on the circumstances, they may or may not include warranty to the title. They are also used in some foreclosure situations (generally without warranty). In addition to meeting the state a...

Which Deed Should I Use to Transfer Ownership of My Property?
About 64% of American households own their home, and millions more own properties they plan to develop, office buildings, inheritances in the form of real property, and land they may never use. The average person moves 11 times in his or her lifetime...

Transferring Multiple Properties with one Real Estate Deed
Can one real estate deed transfer multiple parcels of land? The short answer is yes, a single deed can transfer several parcels of real estate. Simply include the legal description and any other identifying information required for each property....

What is a Trust Deed?
A trust deed — better known as a deed of trust — at first blush might seem like a confusing legal instrument. It is similar to a mortgage, protecting the lender's rights while allowing the borrower to remain in the property, but confers different...

Who Are Those Heirs and Why Are They Laughing?
Most of us have heard stories about people receiving a surprise inheritance from a distant relative. How does such a thing happen? Well, it all starts in probate. Probate proceedings are designed to settle claims relating to a deceased person’s ...

Steps to Make a Real Estate Deed Legally Valid
What Makes a Deed Legally Valid? Deeds are confusing things. They come in many varieties, conferring various rights, and two or more people can hold title to the same property. For this reason, it's the filing of a deed that memorializes the owner...

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 transacti...

How to Choose a Real Estate Lawyer
In 2014, nearly five million homes were sold (1), with thousands more transferred or inherited. Real estate is big business, and just about everyone wants a piece of the action. If you're preparing for a real estate transaction that could change your...

Texas Adds Statutory Transfer on Death Deeds to Estate Planning Arsenal
As of September 1, 2015, owners of real property in Texas gained access to the statutory transfer on death deed (TODD). Modeled after the Uniform Real Property Transfer on Death Act and located at Chapter 14 of the Texas Estates Code, the Texas Real ...

What Are Beneficiary Deeds?
A will might seem like the simplest way to leave something to a loved one or other beneficiary, and it's certainly the most common, but wills must be probated. This necessitates a lengthy process that can slow the transfer of property from a decedent...

Marital Property in Wisconsin
Currently, nine states allow married couples to vest real estate as community property. Interests owned in community property function much like partnership interests, in that each spouse’s real property acquisitions belong legally to the marriage ...

What are Deed Restrictions?
For most people, buying a piece of land is a simple proposition: pay the money, file the deed, and the property is yours. Deed restrictions, though, make it clear that the world of real estate transactions is rarely so simple. Simply put, deed restri...

What Type of Real Estate Deed is Used to Transfer the Interest of a Deceased Property Owner?
Understanding Executor's Deeds, Administrator’s Deeds, and Personal Representative’s Deeds As part of the probate process, executors, administrators, and personal representatives use special deed forms when transferring title to real property ...

Understanding Dower Rights
For generations, social norms, discriminatory laws, and family duties have kept women out of the workplace, rendering them financially dependent on their husbands or families. Thanks to a flurry of changes over the past century, though, women make up...

How to Transfer Ownership of a Cemetery Plot
Thoughts of your eternal resting place might seem needlessly ghoulish, and transferring ownership of a cemetery plot to a family member might feel downright cruel. But death awaits us all, like it or not, and a population explosion coupled with inade...

What Happens to Real Estate When the Owner Dies?
On television and in movies, transferring real estate when someone dies is a simple matter of reading the will. Once everyone knows what's in the will, like magic, the real estate goes to the right person or entity. In reality, things are rarely so s...

How to Transfer Real Estate Into a Living Trust
Though the complexities of a living trust make these documents look significantly more complicated than they actually are, about a fifth of all Americans have living trusts—sometimes called revocable trusts or inter vivos. Living trusts don't have ...

How Are Oil, Gas, and Mineral Rights Affected by Real Estate Deeds?
Mineral rights have long been the subject of lawsuits, federal government interventions, and of course, get-rich-quick stories. In the famed television show The Beverly Hillbillies, Jed Clampett and his family find themselves the beneficiaries of unt...

Real Estate Distribution: Legal Separation vs. Divorce
Every year, 3.6 out of every 1,000 couples divorces. That might not sound like much, but it adds up to a huge divorce rate—41% of first marriages, 60% of second marriages, and 71% of third marriages end in divorce. If you're contemplating divorce ...

Executing a Real Estate Deed When Out of the Country
In almost all circumstances a properly executed real estate deed must be notarized to be valid. What happens if a party to the deed, especially the grantor, is somewhere outside of the United States when they need to execute the deed? The most common...

What is the difference between a Deed of Trust and a Mortgage?
Recently, Brienne Marco of Spilman Thomas & Battle, PLLC (www.spilmanlaw.com) posted an informational article discussing the differences in deeds of trusts and mortgages. As noted in the article, The terms "Deed of Trust" and "m...

Early Deed Recorded in York County Maine
In this deed, Chief Wesumbe of the Newichewannock tribe sells twenty square miles of land lying between two rivers: the Great Ossipee and Little Ossipee Rivers (spelled as Ossabe in the deed) to Francis Small of Kittery, who was an Indian trader who ...

First Real Estate Deed Officially Recorded In Maricopa County Arizona
The first real estate deed officially recorded in Maricopa County was executed on May 5th, 1871 and recorded on June 5th, 1871. The subject property being transferred with this deed was legally described as "Lot 1 Block 77" and is located o...

California Requirements for Change Of Ownership Interest in Real Property BOE-100-B
Filing Requirement - Change in Control Revenue and Taxation Code Section 480.1 The law requires any person or legal entity acquiring ownership control in any corporation, partnership, limited liability company, or other legal entity owning real p...

California Now Requires Real Estate Deeds that are Subject to Transfer Tax Show the Tax Amount on the Face of the Deed
Documentary Transfer Tax (AB 1888) Effective January 1, 2015, pursuant to Assembly Bill 1888, all California County Registrar‐Recorder/County Clerk’s Offices will require that “EVERY document subject to tax that is submitted for recordation ...