Real Estate Deeds Made Easy Since 1997 – Deeds.com
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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…
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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…
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Your Real Estate and Probate
When a person dies, the property owned by the deceased person—alone, or in the names of the deceased and another person without survivorship rights—finds its way to the county probate court. If the deceased person co-owned property, and the living…
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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…
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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…
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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.…
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Remote Notarization of Real Estate Deeds
Today, many real estate documents are handled electronically. But it remains clear that notarizing a document, under the laws of all states, means witnessing a signature in real time. The notary’s witnessing role serves to verify to the public that the person who…
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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…
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What is the Chain of Title in Real Estate?
In real estate, the chain of title is the history of the property’s ownership. When a property is sold, the title is transferred, and these transfers form the chain. Researching the chain of title is among the tasks performed by…
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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…
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The Quitclaim Deed and Fraudulent Real Estate Transactions
Quitclaim deeds show up commonly in fraudulent real estate transactions. This type of deed fraud can impact elderly people, buyers purchasing real estate from strangers without warranty, renters who are paying someone who is not a legitimate owner, and anyone…
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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…
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Disclaiming an Interest in an Inherited Timeshare
Through a timeshare, multiple people can share the use of property—typically a hotel suite or a resort condo. The concept is to enable everyone in a group to (collectively, but at different times) enjoy a property for an annual getaway—without…
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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.…