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Sadly, even attorneys sometimes forget or were never taught that each state's laws can be different, so they prepare a deed for use in another state, assuming what's good in their state will be good in all states.
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.
Although you can prepare such a deed on your own, thanks to the many deed of sale sample letters available out there, it's important to protect yourself by at least having a legal professional review it before you make it official.
Warranty deeds are simple, you do not need an attorney. Follow the steps and have the deed registered with the county.
Rates vary by state and law office but typically fall in the range of $200 to $400 per hour. Title companies routinely prepare quitclaim deeds in many states. Fees for title companies vary, but a market scan shows an average of $100 to $200 for a simple quitclaim deed.
To change or transfer a deed without a lawyer, obtain a certified copy and review the information. Take the unsigned deed to the County recorder's office. A County Clerk can witness the granter and grantee's signatures by acting as a notary public. The deed will become official once it has been signed by both parties.
In some cases, the state will allow an attorney from out of state to represent a client for this one case, or pro HAC vice. The attorney must petition the court to represent the client and must have a license in another state. An attorney can obtain state licensure without taking the bar exam in certain situations.
The simple answer is no: Attorneys must be admitted to the bar in each state they wish to practice in. However, legal answers are rarely so simple, and indeed, there are exceptions that would allow an attorney from one state to practice in another state.
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