How to Get the Deed to Your House: A Step-by-Step Guide to Securing Ownership
Table Of Content
A quitclaim deed serves to transfer a property from a grantor to a grantee, with very little protection for the grantee. This type of deed is most often used when transferring property between family members or when an error in the title needs to be fixed. A property deed helps dispute resolution, identifying the rightful current owner of the property.
Public Record Status of Property Deeds
The new deed is then filed with the county recorder’s office; this responsibility will be delegated at the time of closing. In some cases, your lender or agent will file the new deed, or your attorney may handle the responsibility. If you ever need to change the name on the deed, like after getting married or divorced, you can file a request with the county. The key difference between the two is the matter of a physical document. If you recall, a deed is a legal document — it’s written and made official through documentation, notarization, and then filing it with the local county. In other words, a title is just the concept while the deed is the physical manifestation.
How can I transfer a property deed from a deceased relative?
This chart provides a clear breakdown of key differences between a contract for deed, deed of trust, and mortgage. The property’s legal title remains under the trustee’s control until the debt is entirely paid off. After the repayment, the title seamlessly transfers to the borrower.
Contact the county recorder’s office
Fortunately, you can get a copy of your deed at any time if you know where to look. Transferring property after a loved one’s demise is a sensitive and often intricate process. Whether you’re a young family setting up a new home, a retiree ensuring everything’s in place, or a remote worker contemplating a change of scenery, this guide promises to be your beacon. Get matched with a lender that will work for your financial situation.
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Transferring a house deed can sound complicated, but in traditional real estate transactions, it will happen within the closing process. First-time homebuyers should understand the importance of a title search and what a deed includes. These distinctions will help set you up for your new purchase and ensure there are no legal challenges with ownership. Simply put, a property deed is a legal document indicating the rightful owner of real estate or a piece of property. There are several types of title documents, such as general warranty deeds, special warranty deeds, and quitclaim deeds. Each type serves a specific purpose and offers varying levels of protection for the property owner.
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If physical visits or direct contact with your County Recorder’s Office are not feasible, you can also request your deed by mail. Acquire and complete the necessary forms, such as a Title Deed Request, and enclose the corresponding payment. In some cases, your county might also accept requests through email and online payment methods. It is possible to get a copy of your title deed for free using this method. This is especially the case if you purchased your home through a title company and want them to get the deed for you. While a deed signifies ownership of a property, a mortgage is a loan agreement that uses the property as collateral.
Evaluating Financial and Legal Consequences
If a defect to the property’s title is found later on, a grantee with a general warranty deed can sue the grantor for damages. The grantee also won’t be responsible for paying off any encumbrances found after taking ownership of the property. Even if the title defect occurred before the grantor assumed property ownership, the grantor is still legally responsible.
Living Trust
Understanding the difference between titles and deeds is an important part of expanding your homeownership vocabulary. Once the process is complete, the deed is filed with the local county recorder’s office to prove the transfer and new ownership of the property. For instance, If the property was transferred to you through a general warranty deed, you’d have the highest level of protection. The previous owner provided guarantees that they would be held liable for any title issues that could arise. It would be their responsibility to deal with any legal or financial ramifications for any title issues that stemmed from the time that they owned the house and earlier.
If you’ve recently purchased a home, then you likely already know what a house deed is. In some cases, this will take you to the website of your local County Recorder or equivalent. If you’re lucky, your county might even provide a self-service official records search site. From here, you may be able to look up your property, locate the deed, and download a copy of your deed onto the computer. In case of buyer default, regaining property ownership involves complex and prolonged court proceedings, extending the timeline for resolution.
Because of this, quitclaim deeds are seldom used when there’s a financial exchange for the property. They are often used in family matters, such as when a married person signs a quitclaim deed to convey their share of property interest to their spouse. Let’s take a closer look at what a house deed is, the different types of house deeds and which deed you may encounter when buying a home. Typically, the general warranty deed is recommended over the special warranty deed, mainly because of grantees' less protection. Enter their names in the respective spaces indicated in the deed form.
This means that one co-owner could own a 75% interest in the property while the other owns 25%. However, all co-owners have an equal right to possess the entire property. When co-owners hold title this way, they’re granted right of survivorship.
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A house deed is a legal document that grants you ownership of the new property. Deeds are often confused with titles and other portions of the real estate transaction, but each component has its own purpose. Below we will outline exactly what a house deed is so that you can confidently approach and finalize your first real estate purchase. When you finally get the deed to your house, you know it’s official - you’re now a homeowner! A house deed is a critical document involved in the homebuying process. Thus, you’ll need to know how it works and the different types of deeds that may be used.
The mere act of holding your property deed represents more than legal ownership; it’s a tangible reminder of the memories housed within those walls and the future dreams yet to unfold. A special warranty deed offers the grantee some protection, but not as much relative to a general warranty deed. The special warranty deed guarantees that there are no title issues during the time period the grantor owned the property. In contrast, a general warranty deed extends this guarantee throughout the property’s history, even through prior owners. Special warranty deeds are often used in the case of home foreclosures when grantees buy properties from banks. Keep in mind that house deeds are public information in most states.
A non-warranty deed or quitclaim deed conveys any interest the grantor or seller has in the property. While digital copies are useful for reference, in most jurisdictions, it’s the original, certified, and recorded deed that holds legal standing. Always consult local laws and practices, but keep original documents in a safe and accessible place. If you discover errors on your deed, it’s crucial to address them promptly. Consult with a real estate attorney or title company to get guidance on rectifying the mistakes, which usually involves recording a corrective deed.
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