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What is required for a valid deed?
In order for a deed to be valid and legally enforceable, the deed must meet the following requirements: Must be in writing and convey title to real property. Signed by the granter. There must be a granter and grantee.
What is essential for a valid deed?
Essential Deed Elements The granter must have legal capacity to transfer the property and the grantee must be capable of receiving the grant of the property. The deed must be legally delivered to the grantee or to someone acting on the grantee's behalf. The deed must be accepted by the grantee.
What makes 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.
How do you write a deed to land?
List the names of the parties involved. Write, for example, [Granter's Name and address], as Granter, conveys to [Grantee's Name and address], as Grantee, the property described below by [list the type of deed]. Describe the land. Use the land's street address, plot number, and the metes and bounds of the land.
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 happens if you don't record a deed?
An owner legally transfers his property to another person on an instrument known as a deed. However, failure to record a deed may cause problems for the new owner. For example, the lack of an official deed will make it nearly impossible to sell the property again or refinance a mortgage.
How long is a deed valid if not recorded?
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.
Is a deed effective when signed or recorded?
Contrary to normal expectations, the Deed DOES NOT have to be recorded to be effective or to show delivery, and because of that, the Deed DOES NOT have to be signed in front of a Notary Public. However, if you plan to record it, then it does have to be notarized as that is a County Recorder requirement.
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