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What would make a deed void?
A deed executed in blank, without designation of a grantee, is also void. In contrast, if the title is voidable, the granter can choose to rescind the deed against the grantee, but title may be enforced by a bona fide purchaser. For example, a deed is voidable if it was obtained by fraud in the inducement.
What must a deed contain to be valid?
For a deed to be valid, it must meet the following requirements: The granter must have legal capacity, which means that the granter is of sound mind and lawful again most states, the minimum age is 18. There must be enough information in the deed to identify the grantee with reasonable certainty.
What is not a requirement of a valid deed?
An acknowledgment technically is not required for a deed to be valid; however, in most states, a deed without an acknowledgment cannot be recorded in the official public records. It is usually not necessary to record a deed for the transfer of title to be valid.
Do deeds have to be recorded to be valid?
Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded. The deed also must be accepted by the grantee.
What makes a document a deed?
A deed is a written document which is executed with the necessary formality (that is, more than a simple signature), and by which an interest, right or property passes or is confirmed, or an obligation binding on some person is created or confirmed. Deeds are generally enforceable despite any lack of consideration.
Who is responsible for recording the deed?
In the United States, the (recorder) of deeds is often an elected county office and is called the county recorder. In some U.S. states, the functions of a recorder of deeds are a responsibility of the county clerk (or the county's clerk of court), and the official may be called a clerk-recorder or recorder-clerk.
Who records the deed?
Generally, a real estate deed is recorded in the county where the property is located. In most counties, the recorder, clerk, or register of deeds is responsible for maintaining land records. To be recorded, the document must meet both statutory and local requirements.
Who prepares the deed in a real estate transaction?
Whoever has their name on the deed is the rightful owner of the home, so it's one of the most important documents in buying or selling a home. The seller typically prepares the real estate deed, usually with the help of a title company or an attorney to ensure the property transfers successfully.
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