Category: General
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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 consists of property owned by each spouse before they wed. Separate property also includes assets…
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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 financial documents, on account of absence or disability. A limited power of attorney can enable the…
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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 certificate, which the lender records in your home county, notifies the public that you have satisfied your obligation, and…
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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. It is also applied to any percentage of the property that is conveyed short of…
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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 right for taking on new ownership and new responsibilities. Moreover, not every piece of real property…
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What Is a Quiet Title Action?
A quiet title action is a special legal proceeding to determine rightful, legal property ownership. It is often a preventative or “friendly” lawsuit to ensure that no other parties have conflicting claims to a title, or to resolve an ambiguity. Depending on state law provisions, the plaintiff—that is, the party filing the complaint—may be the mortgage lender, a potential buyer,…
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Adding Someone to Your Real Estate Deed? Know the Risks.
It’s your home. You might wish to add another person—perhaps an intimate friend or a family member. Doing this is a relatively simple action. And you have the right to do it. Still, be sure to consider the unintended consequences. However well-intended your desire to bring a loved one onto your real estate deed, the…