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Legal Description The seller or the seller's broker will hire an attorney to prepare the real estate deed to ensure that all the requirements in the creation of a valid deed are met before the seller conveys title to the property. All real estate deeds must be in writing.
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.
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.
The real estate deed must be signed by the seller and notarized. Also, some states require one or more individuals to sign the deed as witnesses. The buyer is not required to sign the deed. The seller's attorney is responsible for delivering the deed to the buyer, and the buyer must accept the deed.
A mortgage has just two parties: the borrower and the lender. A deed of trust, however, has an additional third party, called a “trustee” who holds onto the title of the home until the loan is repaid.
The mortgage company usually prepares this deed as part of the loan package and delivers it to the title company for you to sign at closing. The title company is commonly the trustee to the deed and holds legal title to the property until the loan gets fully repaid.
Although recording statutes vary between U.S. states, they virtually all require that an interest in real property be formally recorded in the appropriate county office in order to be valid. The purchaser (or transferee) named on the last deed of record is recognized as the legal title owner of that parcel of property.
The document indicates who owns the property and usually who granted the deed to the current owner. Recording deeds is a system of recording legal instruments at the Recorder of Deeds. The Recorder of Deeds is a local government office which maintains records and documents relating to real estate ownership.
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.
What Happens if a Deed Is Not Recorded? ... At the time of transfer, the owner usually records the deed by filing it in the land records of the property's county, but it is not required for it to legally transfer title to the new owner. However, failure to record a deed may cause problems for the new owner.
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