what type of lawyer do i need for deed work

What Is a Property Deed?

A property deed is a document that provides ownership of a piece of land or real property. The ownership is referred to as "title," while the actual document or evidence is called the "deed." Deeds basically provide proof that one person owns a particular plot of land.

What Are Trust Deeds?

With a trust deed , the deed is transferred "in trust", which means it is first transferred to a trustee before it is actually passed to the beneficiary. The trustee will hold the deed for a specified time until the grantor instructs them to transfer it to the beneficiary. This can be done for several reasons.

Should I Hire a Lawyer for Help with Property Deeds?

Property deed laws can vary from state to state. You may need to hire a real estate lawyer for help when it comes to dealing with property deeds. Your attorney can provide you with valuable legal advice and insights regarding property laws.

Why is it important to have a lawyer?

The right lawyer can save you the stress of uncertainty during a legal matter. Lawyers can draft or review legal documents, mediate disputes and negotiations outside of court, represent you in a lawsuit, and provide general legal advice and information about steps you should be taking.

What can a lawyer do?

Lawyers can draft or review legal documents, mediate disputes and negotiations outside of court, represent you in a lawsuit, and provide general legal advice and information about steps you should be taking.

Is Rocket Lawyer a lawyer?

This article contains general legal information and does not contain legal advice. Rocket Lawyer is not a law firm or a substitute for an attorney or law firm. The law is complex and changes often. For legal advice, please ask a lawyer.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

Do lawyers specialize in a particular area of law?

The legal field is vast and complex, and you’ll find that many lawyers specialize in a particular area of law. If you find yourself in need of a lawyer, make sure they have the expertise to handle your unique situation. Because there are so many different types of lawyers, you'll want to match your legal concern with the appropriate attorney.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is the legal requirement for a deed?

In order for a deed to be legally enforceable and valid, it needs to meet several requirements. including: 1. The deed must state on its face that it is a deed. It can be performed with phrases such as “executed as a deed” or “this deed.”. It provides clear information on the kind of legally binding instrument it is. 2.

Can a deed be notarized?

Should a deed not be notarized, be in written form, and/or entered into the public record, it can be deemed as imperfect. Although the transfer of rights may remain perfect, should any legal issues arise, the deed must be verified and cleared up with the state.

What is a deed in a legal document?

What is a Deed? A deed can be defined as any written legal document or instrument that gives a specified natural person control or specified rights over an asset. In some instances, some conditions must be met in order for the rights granted to be effective.

What is a deed in common law?

Referencing common law, a deed is any legally binding instrument that confirms, passes, or affirms the interest property or right. The deed is signed, attested, and delivered. Depending on the jurisdiction, a deed can also be sealed. Deeds are commonly associated with the transfer of a title to a property and are presumed to be valid.

Can a deed be sealed?

The deed is signed, attested, and delivered. Depending on the jurisdiction, a deed can also be sealed. Deeds are commonly associated with the transfer of a title to a property and are presumed to be valid. Deeds can be bilateral (two parties) or unilateral (one party) and can include powers of attorney, patents.

What is a deed in real estate?

Summary. A deed can be defined as any written legal document or instrument that gives a specified natural person control or specified rights over an asset. Deeds are commonly associated with the transfer of a title to a property and are presumed to be valid. Deeds can be bilateral (two parties) or unilateral ...

What is the purpose of a deed?

One of the primary functions of a deed is to transfer a title from one individual to another. A title serves as a legal document providing proof of ownership of an asset. In order to ensure that the deed is legally binding in a court of law, a government official who is tasked with maintaining the documentation needs to file the deed in the public record.

Can you transfer a deed without a lawyer?

A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, ...

Can you prepare your own deed?

The answer is yes . Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, to help avert any legal challenge to the deed later. Some deeds require more expertise than others.

Can you transfer a deed to another person?

But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.

Can parties prepare their own deeds?

Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, to help avert any legal challenge to the deed later. Some deeds require more expertise than others. A quitclaim deed, for example, is far simpler than a warranty deed.

Is a quitclaim deed simpler than a warranty deed?

Some deeds require more expertise than others. A quitclaim deed, for example, is far simpler than a warranty deed. Let’s take a closer look.

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 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.

3 attorney answers

Not if you know how to properly prepare the deed in recordable form as well as how to properly record it. And if your wife transfers title to you, alone, and you then get divorced, and she is left with no house, because you orchestrated the entire scenario and no one advised her in advance of the potential consequences, then what?

Vincent J. Gallo

The quitclaim deed will not affect your mortgage and it is something that needs to be prepared by an attorney. You did not state why you need it, which is also important.

What are the cons of contract for deeds?

Con 2: Higher Interest Rates. Since the terms of contract for deeds are typically less stringent than with traditional loans, the interest rates are likely higher. This is especially true if a lower down payment is negotiated or if a buyer opts to use a contract for deed due to less-than-perfect credit. Check out this article to learn more about ...

What does a bank look for in a contract for deed?

Banks and lenders look at an array of financial information and other terms to determine whether a person qualifies for a home loan. With a contract for deed, individuals can be considered on a case-by-case basis with flexible terms that work well for both parties involved.

Do you have to complete a qualification stage for a contract for deed?

Since a contract for deed involves no traditional lender, buyers and sellers don’t have to complete a qualification stage before moving on to completing their transaction. Since there are no third parties in the transaction, the buyer and seller can facilitate a much speedier process than with traditional lending.

What is the con 1 of a deed?

Con 1: In Case of Default. When a buyer defaults on a payment under a contract for deed, there are little to no protections in place for them. The seller is fully within their rights to evict the seller.

What happens if a seller defaults on a mortgage?

If a seller defaults on their mortgage for the property, the buyer could lose the home even if they are up-to-date on their payments . In this scenario, though, the buyer would be eligible to sue the seller for damages and to vacate the contract.

How many children do Juan and Louisa have?

Louisa and Juan have four children and are in the market for a larger house. Upon speaking with a traditional lender, they learn that their credit score is not good enough to purchase a home. They decide to work with the seller of a home directly and agree to make payments of $1000 a month against the home for the next thirty years, ...

How old is Zephaniah when he is looking for a home?

Zephaniah just turned eighteen and is in the process of looking for somewhere he can live on his own. His Uncle Janie reaches out to Zephaniah to offer him a small trailer home that he owns and says that Zephaniah can make payments to his uncle for the next five years to own the home.

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.