Once one of the listed owners on an existing Deed dies, the ability to transfer ownership of the property by creating and executing a new Quitclaim Deed depends upon the format of the existing Deed. [ Read More… → ]

Sometimes the parties to a Deed cannot meet together on the same day to sign the document; often a Deed is hand-delivered by a third party or mailed between parties.

In such an instance, the date listed within the Deed should reflect the date of the second person making the signing. [ Read More… → ]

Most real estate purchases made with a mortgage in place use a Warranty Deed as a way to protect the interests of both the note holder and property owner. But once a mortgage is paid off and the house is owned free and clear by the property owner, other types of deeds can be used, if the property owner so chooses. [ Read More… → ]

Merely owning real estate or property does not automatically cause one to be obligated under the mortgage that encumbers said property. To be liable under the note and mortgage, one must sign the note and grant the mortgage in the property. [ Read More… → ]

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance. [ Read More… → ]

No, a previously filed deed cannot be amended. A new deed will need to be prepared and filed in order to add an additional party as an owner of real property. [ Read More… → ]

Any of Standard Legal’s Quitclaim Deeds will accomplish the transfer of real estate property from a Trust to an individual. [ Read More… → ]

If you wish to create one large lot by combining a number of adjacent lots owned, you must have the areas re-platted by a surveyor and then approved by the municipality in which the property is located. [ Read More… → ]

A quitclaim deed is the appropriate instrument to transfer property, but since the owner of the property (your parents) are deceased, the owner cannot sign the deed transferring title — a requirement of a Quitclaim Deed.

You and your brothers and sisters most likely need to open a probate estate with the county court where the home is located, so that the appropriate probate court can authorize the transfer of the property as you desire.

This situation is a perfect illustration for the benefits of creating a Last Will and Testament, as the process to transfer the property to one sibling would typically be far quicker and easier if a Will were in place in advance…

A “deed in lieu of foreclosure” is not a customized or language-specific legal document; it is the phrase given to the process of transferring title to a mortgage holder (by deed) in lieu of the mortgage holder going through with a foreclosure lawsuit.   [ Read More… → ]

When a person has no children, often times he or she wishes to provide a home or the content of their estate to a brother or sister.

But what is the best way to handle such a designation?

Typically, there are two ways you can handle a desire to add your brother or sister’s name to the deed to your home. [ Read More… → ]

As long as deeds to real estate or property are listed in the name of a Trust, the property is owned by the Trust and will be administered per the terms of the Trust. To make this structure legal for each state will require filing each property’s deed in the appropriate county records office under the Trust’s name, most likely using a Quitclaim Deed.

Searching title records prior to filing a quitclaim deed is a good idea, to see if becoming the owner of a property might also cause you to become liable for third party claims. But a title search doesn’t have to be expensive — in fact, it can be “free”. [ Read More… → ]

People change their names for personal reasons, for a return to a maiden name after a divorce, or at the time of a new marriage. Many times, a deed for real estate may show a prior name for a person who holds a stake in a particular property.

When transferring property using a Quitclaim Deed in a situation where a person’s name has changed, for clarity sake use the name as it appears on the currently filed instrument, but add the designation of “now known as”.

For example, the quitclaim deed could read “William Smith and Mary Smith (now known as Mary Jones).”

Get complete details here on Standard Legal’s Quitclaim Deeds legal forms software.

Yes. Standard Legal’s Quitclaim Deed is a deed that permits a party to transfer real property. It is a “real estate transfer deed” in which no warranties are made as to the condition of the property.

Get complete details on Standard Legal’s Quitclaim Deed legal forms software here.

Clearing title on a piece of real estate without a signature from one of the property’s owners is a fairly complex legal issue with many variables, including the application of state laws.

Possible solutions include: [ Read More… → ]

It depends what steps you take in advance of his bankruptcy filing, and what the mortgage company chooses to do.

Generally, going through the refinancing process for any mortgage on a home when a quitclaim deed has been filed is the safest avenue for a homeowner to pursue. When a quitclaim deed is filed, the obligation within the mortgage documents changes essentially: from the couple jointly owning the property, to just one of the original individuals named in the deed. So the mortgage holder has one less person from which to collect payment, thus increasing their exposure. [ Read More… → ]

Property can be transferred by way of Quitclaim Deed to another person, regardless of whether one or more mortgages exist on the property.  However, there are several issues of which the both the Grantor (the person selling or transferring the property) and the Grantee (the buyer or person taking title to the property) must be aware. [ Read More… → ]

Precedence between a Deed and a Will depends upon how title to the property is held at the time of the death. But in general, ownership is dictated by a properly filed and recorded deed. [ Read More… → ]

A Last Will & Testament cannot create a binding “Life Estate” in real property, as it is not a deed.

Life Estates are created by transferring certain interests in a real property via a deed (i.e. a deed to a third party which retains a life estate in the grantor).

While a Last Will and Testament can certainly provide notice of the deceased person’s desires or intentions [ Read More… → ]