Typically, a divorcing couple filing for No-Fault Divorce has two options in regard to jointly held real estate: [ Read More… → ]

A deed can certainly be prepared and filed with the proper county government agency, transferring property from one person to another (or to a business entity).

But it is not typical for a piece of real estate property to be transferred to a grantee (in this case, the mortgage holder of the property who has not foreclosed and won’t return the investor’s phone calls) without that person or entity’s consent. [ Read More… → ]

If it was a standard Quitclaim Deed that was properly signed and recorded, transfer of ownership to you and your brother has occurred.

But if the deed was not a standard Quitclaim, the matter of outright ownership is not so clear. [ Read More… → ]

In most states and when the family structure is relatively straight-forward, the handling of family property after the death of just one spouse is fairly consistent. [ Read More… → ]

A co-owner to a real property can transfer his or her interest in that property to a third party using a Quitclaim Deed. But be advised that such a step does not remove the original owner from all responsibility. [ Read More… → ]

In most cases concerning Land Contracts, title to real property does not pass to the purchaser until all or a certain percentage of the land contract installment payments are made.

Until such time, the purchaser (or a partner-purchaser) does not hold any title or ownership in the property.

As such, if the purchaser does not hold ownership, he/she has no ownership interest in the property that can be transferred by way of a Quitclaim Deed.  In essence, a drafted Quitclaim Deed would be meaningless because a person cannot “transfer ownership” of something he or she does not own.
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Under certain conditions, a Deed that was signed by the parties to transfer property several years in the past can still be valid. [ Read More… → ]

A currently-married woman cannot transfer property to her maiden name (which is no longer being used) simply to avoid losing the property to a judgment in a current or potentially upcoming litigation. [ Read More… → ]

Generally, the phrase “deed in lieu of foreclosure” explains the process more so than any actual deed itself. [ Read More… → ]

Standard Legal’s Survivorship Deed (using either the Quitclaim or Warranty versions) must be modified slightly to reflect the change from Joint Tenants to Tenants by Entirety. [ Read More… → ]

If a party is refusing to execute a Deed to transfer property pursuant to a court order to do so, then the party to whom the property is to be transferred has the right or option to seek the court’s assistance in compelling such transfer. [ Read More… → ]

While this matter can vary by state, generally ownership in a mobile home is evidenced by a title (much like a vehicle). [ Read More… → ]

Payments against a mortgage need to be made by someone, be it parents or child, if either party wants to keep the Deed to the house. [ Read More… → ]

A “Special” Warranty Deed is used in limited circumstances and, in most cases, it limits the nature of the title transferred. [ Read More… → ]

Only property that is wholly owned by the decedent at the time of his or her death will be handled by a probate proceeding, regardless of any provision in a Will. [ Read More… → ]

As there are many different Deed structures, the original deed must be carefully examined to determine the authority available to transfer the property. [ Read More… → ]

A Power of Attorney document is created and signed by a grantor to allow one person to conduct business on behalf of another.

Typically, a Power of Attorney document must specify the type(s) of business that can be conducted on behalf of the person granting the Power of Attorney (or grant permission for ‘all types of personal business’).

So intent matters.  [ Read More… → ]

Many recorder’s offices will not accept a deed that has not been notarized. [ Read More… → ]

A property ‘intended’ to be included in a Living Trust cannot be considered part of the Trust. Instead, a probate case may need to be open so that the probate court can issue an order transferring title to the property per state law.

Signing a Quitclaim Deed with a different name other than the same name as on the original deed — be it a former name or a maiden name — could create issues with the transfer of title. [ Read More… → ]