
Ultimate Guide About Property Deeds Or House Deeds
When selling or purchasing a home, there is a ton of documentation to complete, including the House deeds (also called property deeds). Continue reading to find out what a home deed is, how it differs from a title, and whether you require a warranty deed, quitclaim deed, or anything else.
What Are House Deeds?
A House deed, also known as a house deed, is a legal instrument that gives the grantee (purchase) possession of real property instead of the grantor (seller) (buyer). A house deed is a legal document that specifies who is a homeowner. The Home Buyer and the seller sign the deed to transfer ownership when a house or piece of property is sold. The Real Estate Union LLC is one of them.
Every purchase of real estate is subject to the completion of a House Deeds, notarization, and filing on public record. In order to specify which property the deed is for and who the property belongs to, house deeds include a thorough description of the property, including the property lines.
What Does A House Deed Look Like?
Every purchase of real estate is subject to the completion of a House Deeds, notarization, and filing on public record. In order to specify which property the deed is for and who the property belongs to, house deeds include a thorough description of the property, including the property lines.
- Identities and locations: For the purpose of subsequent communication, the grantor (seller) and grantee (buyer) each enter their names and addresses.
- Property Description: This is the legal description of the exact property boundaries, referencing common points such as roads and sewer lines.
- Grantee signature: The grantee must sign with their full name, which must match the grantee name listed in other documentation.
- Conveyance words or granting clause: This clause gives the grantee ownership. It outlines the grantee’s rights as well as any other parties who may be claiming.
- Consideration clause: A clause in the deed states that the grantor received something in exchange for the property. This is typically money, and the amount must be specified. There are methods to conceal the amount paid that is acceptable or common in some areas. If the property was given as a gift, a phrase like “for love and affection” is frequently used.
Other common information varies according to the type of property. If the house is in a plotted subdivision, the House Deeds will include the plot’s name and information. There may also be a list of conditions or reservations associated with the property transfer.
House Deeds Types
The difference between house deeds is determined by the covenants and warranties conveyed by the seller. Some House Deeds provide more protection to the grantor than others. Different deeds protect against potential issues based on the state of the property, the title, and any real estate encumbrances.
General Warranty Agreement
The grantor of the property is guaranteed to have full legal possession under a general warranty deed. The property is free and clear of all liens, obligations, and encumbrances with a general warranty deed. The grantee is safest with a general warranty deed because the grantor asserts total ownership before transferring it.
A general warranty deed guarantees title transfers ownership to the grantee and ensures that the title is the strongest claim to the property’s rights. Additionally, it guarantees that the only mortgages, liens, or easements on the property are those that are specifically specified in the transfer. As a result, when the grantee purchases the home, they are well aware of what they are getting.
The general warranty deed gives the grantee the right to sue the grantor for damages if it turns out that the title has flaws later on. Any undisclosed encumbrances discovered after the property has been transferred are likewise the grantor’s responsibility. This additional layer of security guarantees the grantee that all rights and potential debts attached to the property are in order and that the grantor will take care of any issues that develop.
Deed of Special Warranty
While a special warranty deed may sound like it’s superior in quality to a regular warranty deed, it’s not. Special warranty deeds provide the buyer with less protection than a standard warranty deed. It just ensures that there were no liens on the property when the seller was the owner. This indicates that there might be encumbrances from prior property owners, such as liens, mortgages, easements, etc.
“Grantor remises, releases, alienates, and conveys” is a common term used to deliver a special warranty deed. The grantor is not required to correct any title issues that existed prior to the grantor’s ownership of the property under a special warranty. Only the events that took place when they were the owner are the grantor’s responsibility.
Temporary owners who do not occupy the property sometimes employ special warranty deeds. Special warranty deeds are frequently used by trusts, business management, banks, and associations to limit liability. They won’t have to be concerned about title issues or encumbrances left over from the time they seized the property thanks to a special warranty deed.
Declaratory Deed
Quitclaim deeds provide no promise at all, in contrast to general warranty deeds that guarantee a clear title and the absence of unknown encumbrances and special warranty deeds that cover the grantor’s period of ownership. Quitclaim deeds merely transfer the grantor’s interest in the property. There is no certainty that they will convey the entire title. The grantee has no protection, and the grantor has no obligations.
In the past, the unknown and unclaimed territory was covered by quitclaim documents. Quitclaim deeds are quick and simple, but the grantee has no legal recourse against the grantor if the title is flawed. They can still be employed, nevertheless, to swiftly and effectively fix title flaws. A general or special warranty deed can be produced to cover the transfer of ownership and acquisition of the property once the title has been confirmed.
Special Purpose Deed
House Deeds known as special purpose deeds are frequently utilized in court or when someone is acting in an official position. They are generally only utilized in specific situations and provide little genuine protection to the grantee. Some of the most typical special purpose deeds are listed below:
Tax deed: When property taxes are not paid, a tax deed transfers ownership to the government. The property is then auctioned off by the government to cover the unpaid taxes.
Deed of trust in lieu of foreclosure:
To avoid foreclosure proceedings on an unpaid mortgage, the borrower conveys the property to the lender, usually a bank, through the use of a deed in lieu of foreclosure.
Deed of gift:
A deed of gift is used to transfer ownership freely from one person or entity to another, just as it sounds.
Cop’s deed:
A sheriff’s deed transfers ownership to a buyer during a sheriff’s sale, much as a tax deed does. The proceeds from the sale of the deed are used to satisfy the property owner’s legal debt.
Executor’s deed:
When someone passes away with a will, this deed is used. This deed is used by the estate executor to transfer ownership of property to the grantee named in the will.
Administrator’s deed:
When a person passes away without leaving a will, the court names an administrator who utilizes this deed to transfer ownership or property to the grantee.
How to Find the Deed to Your House
You should often already have a copy of your home’s deed If you are a first-time home buyer. But things happen, and you might have lost it or your closing agent didn’t give it to you. There may also be certain situations, such as when you don’t have the right documentation but have inherited a residence from a loved one. Whatever the situation, it’s imperative that you get the deed to your residence as soon as possible.
Fortunately, we’re here to assist you in doing just that! The 5 stages for locating and obtaining your home’s deed are as follows:
- Examine online
- Get in touch with the County Recorder’s Office.
- Mail a request for the deed.
- Pay all necessary fees.
- Wait for the mail-order deed to arrive.