how can a lawyer help with the making of a grant deed?

Whether you are the grantor creating the deed, or a grantee receiving the property, it is in your best interest to work with a real estate lawyer who is experienced with the types of deeds that can be used and which is preferable in a given situation. That way, you will be informed of your rights and duties in relation to the transfer.

Full Answer

When to use a grant deed in a real estate transaction?

Grant Deeds are often used in real estate transactions. Grant deeds are commonly used in most types of transfers because Grant Deeds “free and clear” the title to the property – meaning that there are no liens or encumbrances on the property at the time of transfer.

How do I get a grant deed for my house?

Gather your documentation. One of the best sources of information you'll need to complete your grant deed is the most recent deed for the property. This document will have the legal description and will show exactly how your name appears on the deed. You can get this document from the Recorder's office in the county where the property is located.

Who is the grantor of a deed?

A deed is a legal document transferring title to real property from one party to another. The party can be an individual, a business entity (such as a corporation or LLC), a trust, or an estate. The party transferring title is called the grantor, or the transferor, while the party receiving title is called the grantee, or transferee.

When to use a grant deed or quitclaim deed?

A grant deed is most commonly seen when the grantee is acquiring title in a tax or foreclosure sale. A grantor would ideally prefer to give a quitclaim deed because it frees them of liability for any title problems.

Is a grant deed proof of ownership?

A grant deed is a form of such written proof that an individual owns a property that also provides title guarantees to the new owner—i.e., insurance that the property title is free of claims or liens and the new owner has the right to sell or transfer the property to another.

What is the difference between a deed and a grant deed?

The purpose of a deed is to provide legal protection to buyers (called grantees) of real property. Grant deeds are most commonly used when a grantee is acquiring real property in a tax or foreclosure sale.

What is another name for grant deed?

A grant deed, also known in many states as a limited warranty deed or a special warranty deed, gives the grantee some, but not all, of the assurances of a general warranty deed.

Does a grant deed have to be notarized in California?

Other Grant Deed Requirements The deed is effective even without them. For example, it is not necessary to enter the date the deed was made or the amount of money paid. And a grant deed will be valid if the grantor's signature on the grant deed is not notarized and even if it's not recorded in the local land records.

Which statement is correct regarding recording a grant deed?

Unit MC (JM)CA Real Estate PrinciplesQuestionAnswerWhich statement is correct regarding recording a grant deed?A deed must be acknowledged to be recorded.A leasehold is also known as a(n):less-than-freehold estate.Of the following, which is not a right included in the bundle of rights?Right to tax205 more rows

What is the main purpose of a grant deed and quitclaim?

Like a quitclaim or warranty deed, the main purpose of the grant deed is to transfer property title from one person to another, such as from a seller to a buyer. A grant deed is written evidence that you actually own your property.

What are the tax implications of adding someone to a deed?

In a tax planning context, putting someone 'on the property deeds' often involves giving the property, or an interest in it, to a spouse (or civil partner) or close family member. The recipient invariably pays tax at a lower rate, or none at all.

How long is a quitclaim deed good for?

Does a Quitclaim Deed Expire? A quitclaim deed does not expire because it permanently transfers ownership from one party to another. That being said, the new deed must be filed with the county clerk's office to record the official transfer. If the new deed is not recorded, it can create legal and financial challenges.

What happens after a quit claim deed is recorded?

Once the quitclaim deed is signed by the grantor and accepted by the grantee, it's considered legal and effective. However, some counties in the U.S. require that the grantee sign as well – again, at your local office.

Who signs the grant deed in California?

The deed must be signed by the party or parties making the conveyance or grant; and 7. It must be delivered and accepted. Contrary to the law and established custom in other states, the expression "to have and to hold" (called the "habendum clause" of a deed) is not necessary, nor are witnesses or seal required.

How do I file a grant deed in California?

Take the deed to the recorder's office in the county where the property is located. Complete a Preliminary Change of Ownership Report, available in the recorder's office and online, by providing the names of the grantor and grantee, the type of transfer, the terms of transfer and the transfer price.

How long does it take to get a grant deed in California?

Ideally, we want the deed recorded but how long it takes depends on the county and how well staffed they are. In Southern California, San Bernardino, Los Angeles where we do most of or work, Orange County, Riverside, San Diego, Central Valley, and Northern California it usually takes two to three weeks.

What type of deed is used for a grantor?

The type of deed used depends upon both the relationship between the grantor and grantee and the nature of the property transfer. Quitclaim deeds. Quitclaim deed s are mostly used in transfers between family members, into or out of the grantor's trust or business, or to correct an error in a warranty deed. General warranty deeds.

What is included in a grant deed?

Any deed will contain the date, names of the grantor and grantee, a description of the property being transferred, and the signature of the grantor. There are also typically signatures of witnesses or a notary public acknowledgment, as required by state law.

What is a grant deed warranty?

A grant deed will also include a statement as to what warranties are included . For example, a typical grant deed warranty statement is: "The Grantor warranties that the Grantor is lawfully seized in fee simple of said property, and that said property is free and clear from all liens and encumbrances incurred during the period ...

What is a general warranty deed?

A general warranty deed gives the grantee the most possible protection. Grant deed. A grant deed, also known in many states as a limited warranty deed or a special warranty deed, gives the grantee some, but not all, of the assurances of a general warranty deed.

What happens if a grantor does not have title to a property?

If it turns out that the grantor does not have title to the property, or there are any problems with the title, the grantee has no legal recourse against the grantor. Warranty deeds. With a warranty deed, which includes a grant deed, the grantor gives the grantee one or more legally enforceable assurances, or warranties, ...

What are the two types of deeds?

There are two basic types of deeds: quitclaim deeds and warranty deeds. Quitclaim deeds. With this type of deed, the grantee does not guarantee that the grantor actually has an interest in the property. If it turns out that the grantor does not have title to the property, or there are any problems with the title, ...

What are the warranties on a grant deed?

The typical grant deed only makes two warranties: that the grantor has not transferred the property to anyone else and that there are no title problems that arose during the time the grantor has held title.

What is a grant deed?

A grant deed is one of the three types of deeds used most often in property transfers. Each has benefits and potential complications. Choose the one that works best for your situation. Warranty deeds guarantee that the person conveying the property, called the grantor, has a good and marketable title that is clear of liens and claims.

How to denote original deed?

Use blue ink to denote an original document. Use the date of the signatures as the deed date. Each grantor should bring at least one form of identification. If a grantor's name has changed by virtue of marriage or divorce, bring your certificates showing both your current name and the name on the deed.

What happens to a joint tenancy when one of the grantees dies?

In a joint tenancy, all grantees have an undivided interest in the property. If one of the grantees dies, his share flows to the other grantees. For example, Bill, Joe, and Mary Smith inherit their grandfather's farm as joint tenants. Under this deed, each owns an undivided one-third interest in the farm.

What is the legal description of a property?

The location of the property is the city, county, and state. The legal description is a combination of metes and bounds within a block, tract, or subdivision. The best source for the legal description is the most recent deed.

Can you use a quit claim deed for title insurance?

A quitclaim deed is most often used in non-money transfers such as transferring property between family members, removing a spouse after a divorce equity buy-out, or adding property to a trust. This is the riskiest type of deed and not eligible for title insurance. Verify that you can use a grant deed.

Can a grant deed be changed?

The ownership of real property can only be changed through a written document. Using a deed is the most accepted legal way to convey or correct ownership of real estate. A grant deed is one of the common types of deeds. It isn't a complicated document, but it must be filled out completely and accurately to be legally binding.

Can a grantee sell his or her share?

Additionally, each grantee is free to sell his or her share without disturbing the rights of the other grantees. The designation of the grantees can affect the property for generations. If you have any doubt about how to identify the type of grant you are making, consult a real estate attorney.

What is a grant deed?

A grant deed assures the recipient of just two protections: (1) that the transferor of the deed did not already transfer the property title to someone else, and (2) that the property is free of liens and encumbrances, except as expressly stated in the deed. Thus, a grant deed: States that the title is conveyed free and clear ...

What is a grant deed in California?

The grant deed must be the only instrument through which the buyer and seller enforce their rights. The California county assessor’s office accepts the deed for filing with the required fees and tax affidavit. If the property changes hands, expect a property tax reassessment.

What is a deed disclosure?

In practical terms, this means the deed should disclose any burdens of title created by the transferor: assessments; conditions, covenants and restrictions; any liens and leases; easements, encroachments, and rights of way.

Is a grant deed a quit claim?

As a general rule, a grant deed offers stronger buyer protection than a quitclaim, but carries a higher level of risk than a general warranty deed. In some states, people refer to a grant deed as a special warranty deed. These types are similar, though there are nuanced and state-specific differences and title companies in your state may classify ...

Is a bargain and sale deed the same as a grant deed?

These types are similar, though there are nuanced and state-specific differences and title companies in your state may classify the two as separate types. A bargain and sale deed can also resemble a grant deed, if it includes covenants. But bargain and sale deeds do not assure their recipients of clean titles.

Is a grant deed used in Florida?

Though it’s rarely used, and not named as a Florida deed in the state’s statutes, it may nevertheless be recorded in Florida counties. In California, in contrast, there’s a lot to say about grant deeds, because grant deeds and quitclaims are generally considered the two key instruments for real estate conveyances.

Do grant deeds bind future owners?

In contrast, easements and restrictions “run with the land” and do bind future owners.

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What Is a grant deed?

A grant deed is a legal document transferring ownership from one party to another. They are referred to as the grantor and grantee. The document identifies the two parties involved and a description of the property. The deed often includes a monetary amount and related tax information. The grant deed states the title to the property is clear.

What is a grant deed used for? What does it accomplish?

People often talk about having title to a property. “Title” is a legal concept. It can be researched. You can buy title insurance. The grant deed transfers the title. The grant deed is taken to the county offices and entered into the official records by the Recorder of Deeds or an official in a similar role. Ownership is official.

Grant deeds vs. warranty deeds

We are talking about the law here. People go to law school for years. The law is complicated.

Are there other types of deeds?

Grant deeds might be the general term for deeds transferring ownership of property, yet there are others to address specific situations. Here are the main types of deeds you should know about.

Grant deeds in California

Are the rules concerning grant deeds different in The Golden State? Not really, but there is a slight difference.

Frequently asked questions

A title is a concept. It implies ownership. The grant deed is the legal document transferring title (ownership.)

What is a Grant Deed?

A grant deed is a property deed that is used to transfer ownership of real property from a grantor (the owner of a property) to a grantee (the buyer). A grant deed is a legal document and is unique because it comes with its own set of rules.

How Grant Deeds Work

The purpose of a deed is to provide legal protection to buyers (called grantees) of real property. Grant deeds are most commonly used when a grantee is acquiring real property in a tax or foreclosure sale.

Grant Deed vs. Deed

Deeds are valuable to buyers because they provide certain protections regarding the sale of property. A grant deed is a deed that “grants” certain promises to the buyer:

Do Grant Deeds Need to be Notarized?

Grant deeds are legal documents that govern what protections a buyer receives when a seller transfers ownership of real estate. Grant deeds only need to be notarized in accordance with state law. Check your state legislature’s website or connect with a real estate lawyer in your area to find out if a grant deed needs to be notarized in your state.

How to Get a Grant Deed

Obtaining a grant deed is simpler than you might think. First, you’ll need to find a piece property that you want to purchase. You can check your local newspaper’s classified ads, do a quick web search, or ask around to your friends and family.

Other Types of Deeds

Grant deeds are one of three types of deeds used to transfer real property. Each deed type is unique in its offerings and they are not all created equal. Understanding the different types of deeds out there is essential to making a sound deal when purchasing property.

Get Help with a Property Deed

If you’re planning on purchasing real property and need the help of an expert, real estate lawyers can help. Post a project on ContractsCounsel today to get connected with real estate lawyers who specialize in grant deeds, general warranty deeds, and quitclaim deeds.

How Can I Get One?

First, you will need to find a title company and an independent attorney/notary.

What are the Pros and Cons of Grant Deeds?

Grant deeds provide clear title by removing all liens or encumbrances on the property.

Limitations of a Grant Deed

A Grant Deed only transfers rights to the property that the Grantor (seller) currently has.

Other Types of Deed

The grant deed is the most straightforward type of deed used. There are also other variations of a deed, including Grant Deed with Conditions, Grant Deeds w/ Covenant, and Quitclaim deed.

Tips to Ensure Completeness of Grant Deed

There are two main parts to a Grant Deed for real estate – the legal description and Grantee (buyer) and Grantor (seller) signatures.

The Bottom Line

A Grant Deed can be a good option for transferring property between family members or friends.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

Who signs a deed in Florida?

For an example, in Florida a grantor must sign the deed before a notary and two witnesses — who also sign in the notary’s presence. As you can see, a state and the counties will have specific requirements for the deed, which can include formatting, return addresses, the name of the deed preparer, and so forth. Step 5.

Can you transfer a house into a trust?

Another possible workaround is transferring the house into a trust. Be clear on what your mortgage company will allow that without accelerating the mortgage due date. And look out for quitclaims from strangers. If you receive a home by accepting a quitclaim deed, know that your title could have defects.

Do I need to sign a deed before a notary?

Sign the deed before a notary. As the grantor, you’ll need to sign the deed with a notary public, who will change a small fee. In some states the grantee may not need to sign, but the deed must be delivered to the grantee, and the grantee must accept the deed, or it’s not valid.