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Homestead Exemptions and Living Trusts: a Look at California, Florida, and Texas

The information presented in this article is not all-encompassing, nor is it meant to be construed as professional legal advice. Because homestead exemption laws are complicated, consult a qualified attorney with questions regarding homestead exempti...


Gifts of Real Property

A gift deed, or deed of gift, is a legal document voluntarily transferring title to real property from one party (the grantor or donor) to another (the grantee or donee), typically between family members or close friends. Gift deeds are also used to ...


Quitclaim Deeds and Divorce

Quitclaim deeds are documents used to transfer the owner's interest (if any) in real property to someone else, with no warranties of title. The transfer may or may not include consideration (something of value, usually money). They are generally used...


Why should I record my real estate deed?

Real estate deeds transfer a grantor's (owner) property rights to a grantee (buyer/recipient). Recording the deed provides an official record of the change in ownership. Details about this transfer are available to the general public through the loca...


Guide to Mechanic Liens for Real Estate in Ohio

Mechanic's liens protect the interests of contractors, subcontractors, material suppliers, and laborers on construction jobs when work goes unpaid. In Ohio, a mechanic's lien is a right provided under the state Constitution. Liens are available again...


Probate and Transferring a Decedent's Real Property in New Jersey

What happens to a person's property after death? The decedent's assets comprise his or her estate, and become subject to a legal process called probate. Titles 3A and 3B of the New Jersey Revised Statutes govern probate in the state. Probate is th...


The Mechanic Lien Process for Real Estate in Texas

A mechanic's lien is an encumbrance on an owner's title, used to guarantee payment to builders, contractors, and construction businesses which build or repair structures, by using the property where the work was completed as a form of collateral. Eli...


Probate Transfers of Real Property in Nevada

Probate is the legal process of settling a decedent's estate and transferring property to devisees or heirs entitled to receive it. In Nevada, probate proceedings are overseen by the district court of the county where the decedent resided at the time...


Distribution of a Decedent's Realty in New Hampshire

Probate is the legal process of settling a deceased person's estate and transferring the remaining assets to devisees or heirs. Title LVI of the New Hampshire Revised Statutes governs the probate process in New Hampshire. Property subject to proba...


Transferring a Decedents Real Property Interest in Nebraska

Probate is the legal process of distributing a person's assets after death according to the provisions of the decedent's will and the Nebraska Probate Code. Any part of the decedent's estate that does not transfer by will is distributed pursuant to N...


Devolution of Real Property After Death in Montana

When a Montanan dies, probate is required for any property he or she held individually or as a tenant in common; property held in a survivorship interest devolves to survivors by process of law; property held in trust or with a beneficiary designatio...


Transfers of Real Property from Decedents Estates in Missouri

Probate is the legal process of settling a decedent's estate and distributing his or her property to those entitled by the decedent's will or by laws of intestate succession to receive it. In Missouri, the laws governing probate proceedings are codif...


Oregon Construction Lien Waivers

Oregon's Construction Lien Law is codified at ORS 87.001 to 87.060 and 87.075 to 87.093. Liens are instruments, recorded with the land records for the locality where the relevant real property is situated, that document the agreement between the o...


Minnesota Probate: Transfers of Real Property

Probate is the legal process of settling a person's estate after he or she has died, including distributing the decedent's property to those entitled to receive it. Regardless of whether the decedent left a will, all property (real and personal) owne...


Making a Mechanic's Lien Claim in Virginia

In Virginia, a lien claimant may make a claim for a mechanic's lien by completing and recording a "Memorandum for Mechanic's Lien" document. There are separate versions of the Memorandum depending on whether the claimant is a contractor, su...


Colorado Lien Waivers - What type should I use?

Lien waivers are a type of contractual document used to waive or "give up" a person's claim to a mechanic's lien. Waivers are usually granted on a quid pro quo basis, i.e., "pay me for the work completed up to this point and I'll guara...


Massachusetts Estate Administration Deeds

What happens to your property after you die? Most likely, your assets will be subject to probate, the legal process of settling an estate and distributing any remaining property to those entitled to receive it. All assets that do not pass directly th...


Maine Personal Representative's Deeds

When a resident of Maine dies, it is likely that his or her estate will likely require probate. Probate is the process by which a property owner's estate is transferred to the persons entitled to inherit it. All property which does not transfer throu...


Deeds Relating to Estate Administration in Kentucky

When a person dies, his or her estate is subject to court-supervised administration, a process referred to as probate. Probate enables persons who are entitled to receive it to inherit a decedent's property, pursuant either to the terms of a will or ...


Kansas Estate Administration Deeds

Probate is the court process by which a person's assets are transferred to those entitled to receive them after he or she has died. This process, also called estate administration, is mandatory for all of the decedent's property that does not transfe...


Probate of real property in Idaho

Probate is the court-overseen process by which property is transferred to a decedent's distributees and/or heirs upon death. A distributee is any person who receives a decedent's property other than as a purchaser or creditor, and an heir is a person...


Obtaining a Mechanic's Lien on Real Property in Washington

In Washington, any licensed contractor, subcontractor, or supplier who furnishes labor, professional services, materials, or equipment is entitled to claim a mechanic's lien. Every person claiming a lien must file and record a notice of claim of lien...


Georgia Probate and Real Property

Probate is the legal process by which a decedent's property is transferred to those entitled to receive it. All real property that does not transfer by means of a survivorship interest or a recorded transfer on death deed, or property held in a trust...


Conveying Real Property out of Probate Estates in Washington, DC

Probate is the legal process of administering a person's estate after he or she has died. The Probate Division of the Superior Court oversees the probate process for residents of the District of Columbia. Assets subject to probate include any prop...


A Connecticut Land Deed and the Probate Court: Executor's and Administrator's Deeds

The Connecticut Probate Court oversees the transfer of a decedent's property to those entitled to it in a process called probate. All property the decedent owned at the time of death must go through probate, excluding survivorship assets, assets held...


Colorado Probate: Devising, Distributing, or Selling a Decedent's Real Property

When acquiring real property, it is important to consider your plans for the property following your death, and make estate planning decisions accordingly. Many factors determine what will happen to property in the event of an owner's death, inclu...


Real Property and Probate in Delaware

When a property owner in Delaware dies, the decedent's estate must be opened in probate, with some exceptions. In Delaware, the Register of Wills -- a division of the Chancery Court -- oversees estate administration in the county in which the deceden...


Illinois Mechanic's Lien Waivers

Under 770 ILCS 60, Illinois' Mechanic's Lien act, lien waivers are a type of document used between a contractor (including a sub or general) and a property owner to induce or encourage final or partial payments in exchange for forfeiting the claimant...


Arkansas Probate and Inheriting Real Property

Probate is the court process of estate administration by which property is devised by will or distributed through laws of intestacy to the decedent's rightful heirs. The estate administration process varies from case to case, depending on such factor...


Real Property and Probate in Alaska

What happens to an Alaskan's home after death? The answer depends largely on how the decedent vested title and whether he or she took advantage of any estate planning tools available in Alaska. When real property is held by spouses as tenants by ...


Conveyances by Living Trusts in Alaska

A trustee's deed transfers real property from a living trust. Living trusts are estate planning vehicles created by a settlor during his lifetime. The trust allows the settlor to establish his intentions for how his assets will be distributed upo...


Michigan Transfer Tax Exemptions for Real Property Transfers

207.526 Written instruments and transfers of property exempt from tax. Sec. 6. The following written instruments and transfers of property are exempt from the tax imposed by this act: (a) A written instrument in which the value of the consider...


Transferring Real Property from a Living Trust in Alabama

In a trust arrangement, a settlor transfers property to another person (the trustee) for the benefit of a third (the beneficiary). Because the trust is not a person, title to any real property transferred to the trust should be vested in the name...


Conveyance by Personal Representative in Alabama

Title 43 of the Alabama Code (Wills and Decedents' Estates) governs estate administration and probate in that state. Probate is the legal process by which a decedent's property is distributed to those legally entitled to it. When a resident of Ala...


Construction Lien Waivers in Florida

Lien waivers or releases are used to surrender the right to a lien, either in full or in part, depending on what type of lien release form is used. Florida's Construction Lien Law authorizes statutory waivers at 713.20 Fla. Stat. (2016). In gene...


Using Lien Waivers for Nevada Mechanic's Liens

A lien waiver is a document drafted by a potential lien claimant such as a contractor, subcontractor, materials man, equipment lessor or other party to the construction project (the claimant) that states they have received payment and waive any futur...


Posting a Surety Bond to Release a Mechanic's Lien in Nevada

You've finally gone forward with your plan to build your dream kitchen. You've drawn up the plans and spoken with a local contractor who promised to construct everything according to your specifications. After countless nights spent indulging in medi...


What is a Mechanic's Lien?

In general, a lien is a type of property right which grants a creditor an interest over specific property of the debtor named in the lien. The lien is used as security for the debt or for performance of some act. A mechanic's lien is a security inter...


Real Property Transfers by Trust in New Mexico

A trust is an alternate option for holding title to real property. Trusts involve three parties: the settlor (sometimes called the grantor), who contributes property to the trust; the trustee, who holds title to the trust property and administers the...


Real Property Transfers out of Living Trusts in North Carolina

In the State of North Carolina, living trusts are governed by the North Carolina Uniform Trust Code, at Chapter 36C of the General Statutes. (Business trusts are governed by Chapter 39, Article 8 of the General Statutes.) A trust is an alternate m...


Transferring Real Property from a Living Trust in New Hampshire

A trust is a property interest wherein a settlor conveys assets to a trustee, who holds the title to those assets for the benefit of a third party (the beneficiary). Valid trust instruments also identify the relevant assets, state the settlor's inten...


Recording Assignments of Mortgage in New York

An assignment of mortgage transfers a lender's interest in a mortgage to another party, usually a bank. Because they involve changes in the status of a real estate title, assignments must be recorded with the land records for the county where the pro...


Conveying Real Property From a Living Trust in Nevada

For purposes of estate planning, a living trust allows the trust maker to make decisions about their assets in the event of death. The settlor establishes the terms and assets of the trust in a document called the trust instrument. In addition to app...


Personal Representative's Deeds in Indiana

When we die, another person becomes responsible for managing the assets we leave behind. If we die testate (with a will), this person is called an executor. If we die intestate (without a will), or other specific situations occur, the court supervisi...


Understanding the Minnesota Affidavit of Trustee

The affidavit of trustee for real property transactions is codified at Minn. Stat. 501C.1014. It contains sworn statements made by a trustee regarding the trust which they are representing and their authority to enter into the transaction affecting ...


Massachusetts Trusts, Trustee's Deeds, and Trustee Certificates

A trust is a legally binding arrangement whereby a settlor transfers title to another person, the trustee, for the benefit of a third, the beneficiary. Trusts in Massachusetts are governed by the Massachusetts Uniform Trust Code, codified at G.L.c. 2...


Estate Planning and Your Vacation Property

It's exciting to buy vacation or retirement property, especially if it means there is somewhere fun to visit when it's cold or otherwise miserable at home. We dream of family and friends gathering at a beach house or cabin, and maybe even passing the...


Conveying Real Property from a Living Trust in Louisiana

Under R.S. 9:1732, trusts under the Louisiana Trust Code are either testamentary (to take effect upon the settlor's death) or inter vivos (to take effect upon the trust instrument's execution). Find the laws governing trusts and trust administration ...


Conveying Trust Real Estate in Kentucky

In the Commonwealth of Kentucky, trustees use the same deed forms applicable to regular transfers to convey real property out of a trust. The type of deed required depends on the type of warranty of title the trustee wishes to convey. According to...


Transferring Real Property from an Illinois Estate

Find the Illinois laws for dealing with a decedent's real property at 755 ILCS 5/20. Probate is a court-supervised, lawful distribution of a deceased individual's assets. The nature of the probate case depends on whether the decedent died testate...


Iowa Trustee's Affidavits -- Who Needs 'Em?

Turns out, everyone! Everyone who records a trustee's deed, anyway. For any transfer of real property from a trust, Iowa requires a recorded trustee's affidavit under Iowa Code 614.14, to be recorded and delivered to the purchaser alongside the ...


Idaho Has Two Trustee's Deeds -- What's the Difference?

When choosing a trustee's deed in the State of Idaho, it is important to understand the difference between the two very different types of conveyances the term can refer to: the trustee's deed as used in estate planning, and the trustee's deed upon s...


Arizona Beneficiary Deeds and the Right of Survivorship

Arizona's beneficiary deeds are governed by A.R.S. 33-405. Beneficiary deeds are estate planning instruments that allow owners of Arizona real estate to retain absolute control over their property, with the freedom to use, modify, or sell the la...


Recording in Hawaii: What the FAQ?

Documents affecting real property in Hawaii can be recorded in either the Land Court, also referred to as the Torrens system, or in the Regular System (also referred to as the Abstract system). A document recorded in both is referred to as "dual...


Thinking About Do It Yourself Real Estate Deeds?

Often, we visit the Internet for help completing a project on our own, without hiring an expert. Tutorials exist on almost every topic: the best way to melt chocolate, how to change the brakes in our cars, the most effective tinfoil for making those ...


Foreign Investment in Real Property Tax Act

Beginning on February 16, 2016, the rate of tax withholding required by the Foreign Investment in Real Property Tax Act (FIRPTA) will increase from 10% to 15%. FIRPTA imposes federal tax on the sale of an interest in real property located in the Unit...


What Is a Due on Sale Clause?

What Is a "Due on Sale" Clause and What Does It Mean to Me? Many people obtain loans to buy real estate. The term "security instruments" is a catch-all phrase used to describe these loans, whether they are mortgages or deeds of...


About Oregon HB 2127 (2015)

Property taxes are a fact of life for most real estate owners. Publicly held property, however, including that owned by the federal government (ORS 307.040) and state and local government (ORS 307.090) is exempt from property taxes. What happens when...


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 thro...


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 and...


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 es...


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 ra...


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 out ...


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 s...


New California Requirements for Notary Acknowledgements on Real Estate Deeds

As of January 1st, 2015 there is a new requirement for notary acknowledgements on real estate deeds in California. A certificate of acknowledgment taken within California shall be in the following form: -- start acknowledgement A notary publ...


Revoking a Transfer on Death Designation Affidavit in Ohio

Ohio Revised Code 5302.23(B)(5) contains the rules for revoking a recorded transfer on death designation affidavit. In short, it states that the owner of real estate previously identified as a transfer on death interest may revoke or change a benefi...


Why Disclaim an Interest in Real Estate

Depending on the circumstances, inheriting real estate can be a blessing or a curse. If the beneficiary is considering how to handle an inherited house or other property, it’s worth including a disclaimer among the possible options. As long as t...


Nebraska Statutory Transfer on Death Deed

The Nebraska Uniform Real Property Transfer on Death Act is found at Sections 76-3401 to 76-3423 of the Nebraska Revised Statutes. This useful law provides an option for land owners to convey their real estate after their death, but without the need ...


Beware of Real Estate Deed Solicitation Scams

From the Office of Minnesota Attorney General Lori Swanson Landowners in eleventh-century England transferred land by gathering on the land with a group of witnesses to physically deliver the property to the new owner, such as by handing over a cl...


Is it Legal to Lie about Marital Status on a Real Estate Deed?

Before answering this question, it's important to understand why the marital status is included on a real estate deed. There are two primary (and related) reasons: marketable titles and spousal shares. <i>Black's Law Dictionary, 8th ed.<...


Vesting: How You Hold Title To Real Estate

Title vesting is the way an owner (or owners) of property takes title to their real estate. The way that title is held will affect what the owner (or owners) can do with the property during his or her lifetime, and will also determine whether or not ...


Community Property and Real Estate in Washington

The Revised Code of Washington law allows for three primary forms of co-ownership for real property: joint tenancy, tenancy in common, and community property. Joint tenancy with the right of survivorship is authorized at RCW 64.28.010. Joint tenan...


Real Property Mineral, Gas, and Oil Rights Affected by Real Estate Deeds

I. Mineral Rights What are mineral rights? Mineral rights are real property rights that pertain to the minerals beneath the surface of the land. These rights entitle the mineral owner to explore, mine, and produce the rocks, minerals, oils, or...


Frequently Asked Questions about the Alaska Transfer on Death Deed

Real property owners in Alaska have a new estate planning option: the transfer on death deed (TODD). Alaska joins with an increasing number of states using this law to help real estate owners manage the distribution of what is often their most si...


The Importance of a Legal Description in a Real Estate Deed

In a real estate deed, a legal description of the real property being conveyed is universally required to be present. The deed can also include a reference to the recorded map, survey, or deed containing the legal description in order to meet this re...


Filing a Corrected Deed in Texas

In Texas, a correction deed is the deed issued to make changes to an erroneous deed. These two instruments are closely linked, and all corrections are effective as of the date of the original recorded instrument (Property Code Sec. 5.030). Texas P...


Conveying Real Property to or from a West Virginia Trust

Land owners in West Virginia may transfer their land into and out of trusts. In this situation, a trust is a legal construct where a third party (a trustee), holds title to real estate at the request of the settlor (the person who placed the title in...


West Virginia Transfer on Death Deed Law

Earlier this year, the West Virginia legislature voted to join with 13 other states and adopt the Uniform Real Property Transfer on Death Act (URPTODA). The law is found at 36-12-1 et seq in the Code of West Virginia, and went into effect on June 5, ...


New Mexico Updates Transfer on Death Deeds in 2014

Recently, the state legislature revisited the original transfer on death deed statute and decided it was due for an update. So, on January 1, 2014, New Mexico joined with eleven other states to adopt the Uniform Real Property Transfer on Death Act (U...


Correcting an Error in a Recorded Instrument

Errors in a deed may create uncertainty about the title and cause problems when the current owner tries to transfer the property at a later point. Executing and recording a correction document is an easy way to prevent this. Once recorded, deeds ...


Quit Claim Deeds and Continuation of Title Insurance

The following is a guest post by Matthew A. Quick, Esq., an attorney licensed in the state of Illinois. Title insurance coverage is dictated by the terms of the policy issued by the title insurance company. In most, if not all, policies for title ...


Removing a Deceased Co-owner's Name from a Real Estate Deed in Alaska

As of 2014, Alaska allows two forms of survivorship tenancy for real property: tenancy by the entirety and community property with right of survivorship (AS 34.15.140; AS 34.77.110). These options are only available to married couples. In general...


Georgia Bill Making the Filing of Fraudulent Real Estate Deeds a Felony

Georgia's House of Representatives has unanimously passed a bill cracking down on people who steal houses by recording fraudulent real estate deeds. The bill was sponsored by Rep. Tom Kirby and co-sponsored by Rep. Ed Lindsey. House Bill 985 would pr...


Kentucky Quit Claim Deed Information

In Kentucky a quitclaim deed is defined as follows: A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, ...


Wisconsin Instruments of Conveyance

General information about Wisconsin instruments of conveyance. Legal instruments such as warranty deeds, quit claim deeds, etc., that convey title from one property owner to a new owner, are usually drafted by attorneys or the principles to the tr...


Dower, Joint Tenancy, and Ohio's Transfer on Death Instruments

Transfer on death deeds ("TODs") are used to convey property rights to one or more beneficiaries after the owner dies. Unlike most other assets in an estate, property conveyed in a transfer upon death is not subject to probate distribution....


Recording Districts in Alaska

Alaska is divided into nineteen organized boroughs and one unorganized borough that encompasses more than half of Alaska's territory and contains eleven census areas, which are Aleutians West, Bethel, Dillingham, Hoonah-Angoon, Nome, Petersburg, Prin...


Co-Ownership of Nevada Real Estate

The Nevada statutes identify three primary ways for two or more people to hold title to real property: tenancy in common, community property, and joint tenancy (NRS 111.060, 111.063-065). Tenancy in common is the default form of vesting title fo...


What is the difference between an Ohio survivorship deed and a transfer on death designation affidavit?

A survivorship deed conveys title rights to property upon execution and recording. As such, it is appropriate for a situation where the owners are married or are otherwise willing to be connected by concurrent (joint) ownership. If one of the co-owne...


Avoiding Delays in Real Estate Transaction Closings

If you have faced delays in closing, it might be good news then to hear that the Consumer Financial Protection Bureau is curious about addressing common problems that can be fixed. The CFPB, according to a recent article in the Los Angeles Times, wan...


Searching for a Recorded Document

Searching for recorded documents can be intimidating, but a few minutes of planning can save time and simplify the process. The method and availability of retrieving recorded deeds, mortgages, or other documents varies depending on the agency respons...


The Myth of Adverse Possession - Gaining title to property through adverse possession

It's not rare to read about people using---or trying to use---squatter's rights and the property doctrine of adverse possession in order to legally take title to and possession of an abandoned home. Some of these attempts have even been successful, i...


Private seller financing and Dodd Frank regulations

The Dodd Frank Wall Street Reform and Consumer Protection Act was initially passed in 2010 in response to the mortgage crisis and the late-2000s recession. This Act has brought significant changes to financial regulations, and with new regulations ta...


Transfer on Death Deeds and Joint Tenancy

Transfer on death deeds (TODDs), sometimes also called ladybird deeds, enhanced life estate deeds, or beneficiary deeds, can be useful components of a comprehensive estate plan. Still relatively new, they are gaining acceptance across the US; as of 2...


Charitable Donations of Real Estate

A charitable bequest involves giving part or all of a deceased person's assets to one or more designated charities, by using specific instructions in a will. Technically, bequests relate to personal property and devises relate to real property, but &...


A Lifetime of Real Estate Deeds

If you've never wondered about real estate deeds and what role they play (or will play) in your life, you're probably not alone. However, a real estate deed is such an integral part of many transactions, especially the home-buying process: Without it...


Real Estate Purchase Overview for First Time Home Buyers

Buying a home, especially for first-time home buyers, can be exhilarating and exhausting. This is the largest financial investment many people will ever make, so it's no wonder that the experience can feel daunting. It might be reassuring then to rem...


Florida Documentary Stamp Tax Information

Which Documents Require Documentary Stamp Tax? Documentary stamp tax is levied on documents as provided under Chapter 201, Florida Statutes (F.S.). Documents subject to the tax include: * Deeds * Bonds * Notes and written obligations to ...


Real Estate Taxes in New Hampshire

There are several taxes that apply to real estate in NH. When you purchase property, you and the seller share equally in paying the NH Transfer Tax of 1.5 percent of the sales price. Buyers of new homes sometimes buy the land and then enter into a co...


What is a Grant Deed? A Form to Know in California

You've probably already had a chance to read through our entries outlining the general characteristics of different deed types, and maybe you've also had a chance to look at our articles on specific situations and how to handle the procedure of, say,...


Removing a Minor from a Real Estate Title

Sharing title to real estate with a minor, while generally lawful, can lead to legal complications. Each state defines the basic rules for conveying ownership of real property in its statues, but those rules apply to dealings between adults. When min...


Zombie Titles and Foreclosures

The housing bust and foreclosure crisis in America has left many homeowners facing some serious financial and housing issues, but it has also introduced another scary situation for homeowners who have defaulted on their mortgages: Zombie Titles. It m...


New York Bargain and Sale Deed Statutory Outline and Concept

In New York, a bargain and sale deed with covenants against the grantor's acts is a customary form for a conveyance of real property. A bargain and sale deed can also be written without covenants against the grantor's acts. Neither form offers the sa...


How to Correct a Recorded Real Estate Deed in Oregon

A previously recorded deed can be corrected by attaching a new cover sheet that contains the re-recording statement required by Oregon statutes. If your instrument is recorded and later found to have missing, incomplete, or incorrect information, ...


Correcting a Real Estate Deed in Alabama with a Correction Deed

In order to correct a prior deed on record, use a correction deed, which must be notarized and recorded at the same county agency as the earlier deed. The Alabama correction deed makes specific reference, by execution and recording date, as well as i...


Removing a Deceased Community Property Owner's Name from an Arizona Real Estate Deed

Arizona law allows married couples to hold title to real estate as community property with right of survivorship (A.R.S. 33-431). With this type of ownership, the property becomes a shared marital asset; if one spouse dies, the other gains full righ...


How to Remove a Deceased Joint Tenant from an Arizona Real Estate Deed

The process of removing a deceased joint tenant from an Arizona deed is fairly simple. When two or more property owners hold title as joint tenants with right of survivorship, and one of those co-owners dies, the surviving owners share the decede...


Property Transfers using a Beneficiary Deed in Arizona

The Arizona Beneficiary Deed, governed by Arizona Revised Statutes 33-405, is a useful estate planning tool. It gives owners/grantors of Arizona real estate the ability to initiate, but not complete, the transfer process to a designated beneficiary ...


Using a Quitclaim Deed To Remove A Spouse From Real Estate Title When Getting A New Loan Or Refinancing

It is not uncommon in today's climate for one spouse to have a better credit score than the other. Credit ratings can make a big difference with financing, especially when it comes to purchasing real estate. Oftentimes, lenders will suggest that the ...


Adding a Person to a Deed Using a Quitclaim Deed

One of the most common incorrect assumptions in real estate is that someone can be added to a deed. If one person owns a piece of real estate and wants to bring on another owner, this means that the current owner would give up their interest in the p...


Indiana Transfer on Death (Ladybird) Deed

Indiana outlines the rules for its transfer on death deed in IC 32-17-14 -- the "Transfer on Death Property Act." The act, which became effective on July 1, 2009, gives owners/grantors of real estate in Indiana the ability to initiate, but...


Understanding the Utah Water Rights Addendum

A person submitting a deed for recordation to a county recorder's office in Utah is required to also submit an attached Water Rights Addendum, as of July 1, 2011. This becomes part of the deed and is recorded along with it. The form for this is provi...


Removing a Deceased Joint Tenant from an Ohio Real Estate Deed

Removing a deceased joint tenant's (or survivorship tenant's) name from a real estate deed in Ohio is a fairly simple process. Once the beneficiary or co-tenant obtains an official copy of the decedent's death certificate, he or she completes an affi...


Removing a Deceased Joint Tenant from the Title of Real Property in Michigan

To remove a deceased party from a Michigan real estate deed, submit a certified copy of the death certificate along with the new instrument of conveyance stating "survivor of" in the grantor section, or show by liber and page or instrument ...


Estate Planning in Michigan Using a Ladybird Deed

Michigan Ladybird Deed (Warranty Deed with Enhanced Life Estate and Power of Appointment) When correctly executed and recorded, this deed provides the structure for a non-testamentary transfer of real property. Leaving the real property out of a ...


Ohio Medicaid Estate Recovery Program and Form Information

Ohio Notice to Medicaid Estate Recovery Program Form In order to comply with Ohio's Medicaid Estate Recovery Program, beneficiaries of a transfer on death instrument (transfer on death deeds before 2009, transfer on death designation affidavits fr...


Ohio Deed that Transfers Real Property Interest When the Grantor Passes, Sometimes Called a Ladybird Deed

Ohio Transfer on Death Designation Affidavit This useful estate planning tool conveys ownership of Ohio real property to designated beneficiaries after the grantor dies. The grantor retains full ownership and control of the property while alive, a...


Illinois Transfer on Death Instrument

On January 1, 2012, the Illinois Residential Real Property Transfer on Death Instrument Act (755 ILCS 27) went into effect. With it, owners of residential real property in Illinois have a new choice for non-probate asset allocation---the transfer on ...


Short Form Deed of Trust

A deed of trust (DOT), also known as a trust deed, is a document that conveys title to real property to a trustee as security for a loan until the grantor (borrower) repays the lender according to terms defined in an attached promissory note. It's si...


Promissory Note

A promissory note is a negotiable instrument that defines the details of a loan. This document should contain specific information: * Borrower * Lender * Amount of loan * Interest charged * Minimum payment amount * Due date * End date * N...


What is an Affidavit?

An affidavit is a document containing an individual's voluntary sworn statement, given in front of a notary or another official who is authorized to administer oaths. While affidavits have many different uses, one of their most important aspects is t...


Enhanced Life Estate (Ladybird) Deed vs. Traditional Life Estate Deed

The enhanced life estate deed is a uniquely designed instrument that is only available in a few states, including Florida. It is similar to a traditional life estate deed in that the grantor retains access to the property during life. However, the en...


Land Registration System in Ohio

The Torrens System was enacted in Ohio in 1913 and is still used in parts of the state. The original goal of the Torrens System of land registry was to compile all records relating to a parcel on a single certificate as a way to simplify record-keepi...


Abstract and Torrens Property in Minnesota

There are two different ways of owning and indexing real property in Minnesota: Abstract Title and Torrens (Registered). Registered land is more common around the Twin Cities area while rural areas have more Abstract land. The Torrens System has been...


Recorded Land and Registered Land in Massachusetts

The Torrens Act (Registered Land) is modeled after Sir Robert Torrens, an Australian customs administrator who encountered a system of recording ownership of ships in the 1850s. This system eventually spread to English speaking countries. Under the R...


Affidavits and Re-recorded Real Property Documents in Utah

An error in a document can be corrected in one of three ways: 1. By recording an affidavit. 2. By re-recording the document. 3. By recording a new document. AFFIDAVIT When deciding if a document needs to be corrected, it is best to fir...


Power of Attorney for Finances

A power of attorney (POA) for finances is a document in which one person (the principal) authorizes another person to act as his or her agent, or attorney-in-fact, for only finance-related legal matters. These powers can be broadly or narrowly define...


Wyoming State Statute Regarding the Form and Effect of Quit Claim Deeds

34-2-105. Form of quit claim deed; effect generally. Every deed in substance in the form prescribed in the foregoing section [34-2-104], when otherwise duly executed, shall be deemed and held a sufficient conveyance, release and quit claim to the g...


How the Term Quit Claim Effects a Real Estate Deed According to West Virginia State Statutes.

West Virginia state statute outlines how the use of the term quit claim effects a deed. 36-3-7. Effect of words of release in a deed. Whenever, in any deed, there shall be used the words "The said grantor releases to the said grantee all hi...


Virgina State Statutes Allow for Husband and Wife to Own Real Property as Tenants by the Entireties

Under Section 55-20.2 of the Code of Virginia, any married couple may own real or personal property as tenants by the entireties. This form of vesting includes the right of survivorship, expressed as the intent that the part of the one dying should b...


Misdemeanor in Tennessee to quit claim a Property if you Have no Legal or Equitable Interest

Under section 66-3-104(b) of the Tennessee Code, any person who transfers or applies for recordation of any transfer of land by execution of either a general warranty deed or quitclaim deed, or any other devise, with knowledge that the transferor or ...


Using a Real Estate Deed to Transfer Property

A real estate deed is a legal instrument with the purpose of assigning ownership of real estate property and of transferring the title to land as well as its improvements. A deed can transfer property by use of words like granting, conveying, or assi...


Using a Quit Claim Deed in Missouri to Create a Joint Estate

Missouri state law outlines the process of conveying real property to create a joint estate using a quitclaim deed at Section 442.025. 1. Any person or persons owning real estate, or any interest therein, which he or they have power to convey, may...


General Real Estate Deed Information

The term "real estate deed" encompasses many different types of instruments, each with an express purpose. Some of the most common types of real estate deeds are quitclaim deeds, deeds of trust, warranty deeds, and deeds in lieu of foreclos...


What is a Quick Claim Deed Form?

A quitclaim deed is often incorrectly referred to as a Quick Claim Deed. The confusion comes from the fact that quit and quick sound so much alike and that the quitclaim is generally thought of as being a very quick process. This type of real esta...


Recording a Deed in Regular System or Land Court System in Hawaii

Hawaii has two systems of recordation for real property documents: Regular System and Land Court System. Both of these systems are housed in the Hawaii Bureau of Conveyances, which is the statewide recording office in Hawaii. Hawaii does not have a c...


Methods of Terminating an Easement

When an easement is terminated, the burdened property is no longer affected. When the party benefiting from the easement and the party subject to it agree to a release, the next step is to record a deed making the change official. Methods or fact...


The Different Types of Easement Deeds in Real Property Documents

An easement is the certain right to use another person's real property for a stated purpose without possessing it. An agreement of this type requires at least two parties. The creation of an easement is handled the same way as other documents of conv...


Arizona Deed: Community Property with Right of Survivorship

Like many western states, Arizona allows legally married couples to own real estate as community property, with or without rights of survivorship. The rules and definitions are set forth at Section 33-431 of the Arizona Revised Statutes. Under this f...


Creating Joint Tenancy in a Real Estate Deed

There are three basic ways for individuals to own real estate: sole ownership, jointly with others, and as tenants in common. The type of ownership determines the rights of the individuals on the deed to sell or will their interest in the property, a...


A Contract for Deed vs. Traditional Mortgage

Inability to get financing for a home does not always mean that someone does not have the financial means to pay for the home. This is also a way of extending credit to those who might not otherwise qualify for a loan. In fact, various housing advoca...


Adding, Removing, Or Changing A Name On A Real Estate Deed

Adding, removing, or changing a name on the title of real estate can only be done by recording a new deed showing the change. Many people think they can simply go into the local recording office and change the real estate deed on record. However, onc...


Real Estate Deeds and Non-probate Transfers on Death

While a real estate deed, as a document, establishes the ownership for a particular property, the transfer of the same property to another individual or entity requires supporting documentation and the preparation of a new deed. There are many reason...


Quit Claim Deed - An Unrecorded Quitclaim Deed Can Still Be Valid

An unrecorded quitclaim deed is still valid. While there is no time limit on recording a deed or recording required for a quitclaim deed to be valid, record all deeds as soon after the transaction as possible. Failure to record a deed could render t...


How To Research Real Estate Title Chains And Personal History Using Deeds

Deeds are records of land ownership and transactions. In the US, they can date back to before the American Revolution. They reveal much more than ownership, however. They may also give information about relative land values, about who could hold land...


Types of Real Estate Deeds

Real estate is bought and sold every day, so it should come as no surprise that there are many different types of deeds used to facilitate these transactions. Listed below are the four most common types of deeds. 1. WARRANTY DEED: This is one of t...


Warranty, Special Warranty, and Quitclaim Deeds

Real estate deeds essential to the process of obtaining title in a property. "Title" signifies the right to hold an ownership interest in a particular real estate property or properties. This right is transferred by means of a real estate d...


What is the difference between a quit claim deed, and a warranty deed?

Both a quitclaim deed and a warranty deed are legal documents used to transfer property rights. A quitclaim deed transfers ONLY the grantor's interest, if any, in a piece of real estate. It contains no warranties of title. Essentially, a quit clai...


Can Title To Real Estate Be Transferred To An LLC With A Quit Claim Deed

Yes. A Limited Liability Company (LLC) is a business entity that can own real estate. A quitclaim deed can be used to transfer the ownership of real property into the name of the LLC. As with any real estate transfer, check with local taxing autho...


Definition: Conveyance of Property

What is a conveyance of property? A "conveyance" is the transfer of an interest in real property from one person to another. The moment that a correctly prepared and signed real estate deed is handed from one owner to another is the mom...


Adding A Spouse To Your Real Estate Title After Marriage

Individuals often buy houses while they are single. If they get married and decide to continue living in the house after the marriage, it is common to put the new spouse on the deed. A Quitclaim Deed is often used for this purpose. The process ma...


Types Of Real Estate Ownership, Or Vesting, When Executing A Quit Claim Deed To Transfer Title

The text of a quitclaim deed includes details about how the owner or owners hold title to the property. "Vesting" is another word for holding title. The manner of vesting title makes a difference, especially upon the death of an owner. The ...


How to Fill in your Quit Claim Deed:

Standards for quitclaim deeds vary from state to state, and even from county to county within the same state. Despite the differences, most deeds still require the same basic information. Identify the parties: The GRANTOR, usually the seller, own...