how to change a deed without a lawyer in nc

by Ms. Chyna Welch Sr. 3 min read

To change or transfer a deed without a lawyer, obtain a certified copy and review the information. After checking for accuracy, use a deed form that allows you to fill in the blanks. This can be accessed online or at a local office supply shop. Fill in the deed by listing the grantor and grantee and the property’s legal description.

Full Answer

Can I change a deed without a lawyer?

One of the problems with changing a deed without a lawyer is that the information listed on a deed could be out of date or inaccurate. Common inaccuracies include incorrect legal descriptions of property lines or wrong names of people.

How do I transfer a deed to a house in NC?

Indicate the Deed Book and page where the property and map of the property is recorded. Do not sign the deed transfer form yet. Have your deed notarized. Have the seller sign in the presence of the notary, who must also sign the deed. Many banks in North Carolina provide complimentary notary service.

Do you have to notarize a deed in NC?

Have your deed notarized. Have the seller sign in the presence of the notary, who must also sign the deed. Many banks in North Carolina provide complimentary notary service. File your deed transfer with the North Carolina registrar of deeds in the county where the property is located.

Can a quitclaim deed be used to transfer property without a lawyer?

With a quitclaim deed, there is a lower level of protection. It is basically used to transfer property and doesn’t include any protection from a title insurance company. To change or transfer a deed without a lawyer, obtain a certified copy and review the information.

Can you transfer title deeds without a lawyer?

It's possible to change the names on title deed yourself without help from anyone else. You simply need to complete the right forms and pay any fee.

How do I change the deed on my house in NC?

What Are the Steps to Transfer a Deed Yourself?Retrieve your original deed. ... Get the appropriate deed form. ... Draft the deed. ... Sign the deed before a notary. ... Record the deed with the county recorder. ... Obtain the new original deed.

How much does it cost to transfer a deed in NC?

When ownership in North Carolina real estate is transferred, an excise tax of $1 per $500 is levied on the value of the property. For example, a $600 transfer tax would be imposed on the sale of a $300,000 home. Transfer taxes in North Carolina are typically paid by the seller.

Does an attorney have to prepare a deed in North Carolina?

4. Can I prepare my own deed and have it recorded? North Carolina law allows you to prepare a Deed of Conveyance for any real property to which you have legal title. However, the conveyance of real property is a legal matter that should be given under and with the advise of legal counsel.

Who can prepare a deed in NC?

Preparing the Deed Some county governments, such as Davidson County, provide templates for warranty deeds and quitclaim deeds. If your county government does not provide a deed, you may purchase one from a local stationery store or download one from the Internet.

How much does a quit claim deed cost in North Carolina?

There typically will be a fee to file the quitclaim deed. In Wake County, North Carolina, as of 2019, the fee is $64 for the first 35 pages of the quitclaim deed and $4 for each additional page. Since most quitclaim deeds are much less than 35 pages, the fee in Wake County typically will be $64.

What is a quitclaim deed NC?

A North Carolina quit claim deed is a legal form used to convey real estate in North Carolina from one person to another. A quitclaim, unlike a warranty deed, does not come with a guarantee from the seller, or grantor, as to whether the grantor has clear title to the property or has the authority to sell the property.

How do I add someone to my deed in NC?

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

How much does it cost to transfer a house into your name?

It's best to have between 8 and 10% of the purchase price put aside for other purchase expenses, including bond costs and transfer duties. Transfer Duty is a government tax levied to transfer the property from the seller's name into the buyer's name.

Does a deed have to be recorded in NC?

Does a deed have to be recorded? A. A deed should be recorded as promptly after the transaction as possible. Although there is no time limit on recording, except deeds of gift, failure to record a deed could render the transfer or mortgaging of the property impossible and create numerous legal difficulties.

What makes a deed valid in NC?

Deeds are required to have the name of the grantor, the name and address of the grantee, the name of the preparer and an acknowledgment by a notary. Once the deed is properly drafted and signed, it must be recorded with the register of deeds in the county in which the property is located.

How long does it take to record a deed in NC?

two weeks to three monthsWhen done properly, a deed is recorded anywhere from two weeks to three months after closing.

Why do you need to change your deed?

There are several common reasons why you may need to make minor changes to a deed. Here are some of the following: – Purchasing a home. Selling a home. Newly married. Getting a divorce. Mortgage refinance. Gifting your home.

What is a quit claim deed?

A quitclaim deed is utilized when you need to transfer an interest in the physical property from one person to another. On this type of deed, it will list the name of the person who is handing over their claim and the name of the person who is accepting ownership.

What is warranty deed?

It indicates that they are transferring title to another individual and that the seller owns the piece of property free and clear without any liens. Typically, a warranty deed will be used when a piece of property is sold.

Where can I find a deed to a house?

This will be located in the same jurisdiction where the property is located. Typically, you’ll find it at the County Clerk’s office.

Can you change a deed without a lawyer?

If you decide to change a deed without a lawyer, you should proceed with caution. By transferring or amending a deed, you are legally changing real estate specifications pertaining to a piece of property. If done wrong, a deed transfer or amendment could become a costly mistake.

What is the most common deed used to transfer residential property?

The deed most commonly used to transfer residential real property in the U.S. is the general warranty deed . If the owner is selling to a third party stranger, as is often the case, the buyer will likely insist on a warranty deed.

What is a warranty deed?

The deed most commonly used to transfer residential real property in the U.S. is the general warranty deed. If the owner is selling to a third party stranger, as is often the case, the buyer will likely insist on a warranty deed. Any grantor signing this type of deed makes a series of binding promises called covenants to the buyer, including: 1 the ​ covenant of seisin ​, under which the grantor promises that she owns the property and has the right to convey it; 2 the ​ covenant against encumbrances ​, under which the grantor guarantees that the real property doesn't have any liens or encumbrances other than those mentioned in the deed; and 3 the ​ covenant of quiet enjoyment ​, under which the grantor agrees to defend the grantee's title against anyone claiming under it from any point in the past.

What is the ceremonial act of transferring land?

In yesteryear, people transferred ownership of real property with a ceremonial act (called “livery of seisin") in which the person transferring the land hands a tree branch or some dirt from the property to the new owner. Today, title to real property is conveyed with a property deed, a legal document that passes property ownership from a seller ...

Can a buyer accept a quit claim deed?

These deeds are very useful for transferring real property between family members, but a buyer who is a stranger to the seller will usually not accept a quitclaim deed. Read More: ​ How to Make a Free Quitclaim Deed.

Do Quitclaim deeds contain title?

Quitclaim deeds fall at the far end of the spectrum. They do not contain any promises about title, encumbrances or ownership. That is, the seller does not even promise that he owns the property he is conveying, much less agree to protect the grantee from any title defects.

What is a deed in North Carolina?

The North Carolina deeds are used to convey real estate from one person to another in North Carolina. Deeds are required to have the name of the grantor, the name and address of the grantee, the name of the preparer and an acknowledgment by a notary.

Do quit claim deeds have a title?

Warranty deeds come with a form of guarantee regarding the title, while quit claim deeds come with no guarantee as to title. Laws – Chapter 47B (Real Property Marketable Title Act) Recording – All deeds must be filed in the Register of Deeds in the County where the real estate is located.

What is a deed in real estate?

A deed is the instrument that transfers ownership of real property from one owner to another. It contains the names of the current owner (the grantor) and the new owner (the grantee), the legal description of the property, and is signed by the grantor. Transfers of real property must be in writing and notarized.

What is a quitclaim deed?

A quitclaim deed transfers ownership interest of the grantor to the grantee without any warranties or guarantees that title is good or that the property is free of liens or claims. A quitclaim deed is used mostly in non-sale transactions such as transfers between spouses.

What is a special warranty deed?

When a special or limited warranty deed is used, the grantor only warrants that there are no title defects during the time the grantor owned the property. The special or limited warranty deed gives the grantee greater protection than a quitclaim deed and less protection than a full or general warranty deed.

Why is a general warranty deed important?

It offers the best protection for the grantee because it guarantees that the title is good and marketable. The grantor promises the grantee that the grantor will defend the grantee from any all claims made by third parties. The general warranty deed contains the following provisions: Amount of consideration.

What is a grant deed?

Grant Deed. Grant deeds transfer ownership from the grantor to the grantee. The grantor promises that title has not been transferred previously and that there are not any encumbrances, other than those stated in the deed.

Where should a deed be recorded?

Deeds should be recorded in the county where the property is located . When you are buying property, you also need to choose how you are going to hold title. Co-buyers can take title as joint tenants with right of survivorship or tenants in common.

Who holds the title to a loan?

Title is transferred to a trustee, which is usually a trust or title company that holds the real property as security for the borrower's loan. At the time the loan is paid in full, title is transferred to the borrower. The only powers that the trustee has is the power of sale if the borrower defaults.

What is a quitclaim deed?

A quitclaim deed transfers real property without any guarantee of clear title, while a warranty deed guarantees that the property will be transferred without any encumbrances or competing claims to the property. For example, if you're selling property to a third party for value, title work will need to be done and any encumbrances like mortgages, ...

What type of deed is used in North Carolina?

Types of Deeds in North Carolina. Before transferring title of any real estate, you should decide what kind of deed transfer you would like to use. North Carolina law recognizes two kinds: quitclaim and warranty. A quitclaim deed transfers real property without any guarantee of clear title, while a warranty deed guarantees ...

Do you need to record a deed in the county?

Once the deed is executed, you'll need to record it with the register of deeds for the county in which the property is located. There will be a filing fee. Recording the deed puts the world on notice of the new ownership, so recordation is a crucial component of the property transfer process.

Does Davidson County have a deed?

The county registers of deeds may or may not provide deed forms to the public. Some county governments, such as Davidson County, provide templates for warranty deeds and quitclaim deeds. If your county government does not provide a deed, you may purchase one from a local stationery store or download one from the Internet.