what type of lawyer helps with grant deeds

by Bernie Kuvalis 10 min read

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.Mar 10, 2022

Why hire a lawyer for deed transfers?

The most common reasons that a deed may be used is to either transfer ownership during the purchase or sale of a home, or when a person inherits property from one of their family members. Deeds can also be used to transfer gifts, trust contents, and certain rights (e.g., a sheriff’s deed or tax deed ). Lastly, if you receive a property deed ...

When to use a grantor on a real estate deed?

Feb 28, 2021 · California Trust Lawyers for Grant Deeds | Ventura, CA. If you’re interested in integrating one or several grant deeds in your estate plan, contact the legal team at Botti & Morison Estate Planning Attorneys, Ltd.. We can guide you through every step of the process and ensure nothing is overlooked when filing your grant deed.

Do I need a lawyer for property deeds?

There are several benefits of hiring a real estate lawyer for deed transfers. Having an extra layer of protection ensures that all laws are followed and mistakes are corrected before it is too late. A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary.

How does a lawyer handle a dispute over a deed?

May 14, 2021 · Real Estate Deed Lawyer - Call Ascent Law LLC (801) 676-5506 - A real estate deed is the legal document that dictates who owns a piece of property. A real estate deed grants ownership rights in the property to another person because …

Is grant deed the same as deed?

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: The property has not already been transferred to someone else.

What is the purpose of a grant deed?

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 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.

How do I get a grant deed in California?

In California, grant deeds are filed at the county assessor's office with a Preliminary Change of Ownership Request, applicable fees and a Tax Affidavit. All must be notarized for legal transfer and recording.

How long does a deed of grant last?

An Exclusive Right of Burial is currently granted for a period of 99 years only. After this period has elapsed a letter of notification will be sent to the last known address of the person named on the Deed.

How does a deed work?

A deed is a legal document that transfers property ownership from a seller/grantor to a buyer/grantee. A deed contains a description of the property (including property lines) and denotes the seller/grantor and the buyer/grantee. Both parties must sign the document to make it official.Nov 16, 2020

Is a grant deed the same as a mortgage?

Since a grant deed given to secure a debt functions as a mortgage, the “seller” (grantor) remains the owner of the property, subject to the security interest granted to the “buyer” (grantee), who in reality is merely a secured lender.Nov 11, 2004

What is a quitclaim deed California?

A California quitclaim deed form is a special type of deed used to transfer real estate without making guarantees about title to the property. A person that transfers property by quitclaim deed makes no promises that he or she owns or has clear title to the property.

Do you get a new grant deed when you refinance?

When you refinance a home loan, a completely new loan is created. Your lender provides a new set of loan documents, including a new deed of trust, to be signed at the closing. These actions release the original deed of trust rather than change, alter or replace it.

Does a grant deed have to be notarized in California?

California doesn't require the inclusion of the date, or of money paid, or of a notarization of the transferor's signature on the grant deed, and a grant deed is valid even if it's not recorded in the local land records.Dec 12, 2019

How much does it cost to get a grant deed in California?

After you purchased your property, chances are, you will receive some official-looking mails selling you the services of obtaining grant deed for your property. They normally charge anywhere between $50 to $100.Oct 26, 2017

How do I notarize a grant deed in California?

How To Notarize A Document In CaliforniaStep 1: Personal appearance is required. ... Step 2: Check over the document before notarizing. ... Step 3: Carefully identify the signer. ... Step 4: Complete your journal entry. ... Step 5: Fill in the notarial certificate.Jul 13, 2017

Grant Deed California

You may be under the false impression that any real property you own will automatically be listed as a trust asset if you have one established. However, this is not the case. In order to transfer real property such as a house or office to the trust, a grant deed must be prepared that lists the trustee as the new owner.

Does a Grant Deed Need to Be Recorded in California?

Under the California Government Code, any instrument or judgement affecting the title to or possession of real property may be recorded. The State does not require grant deeds to be recorded, but most estate planning professionals would recommend you do anyways.

Other Deeds Relevant to Estate Planning

Quitclaim Deed – A quitclaim deed is used when the grantor waives or disclaims ownership rights in favor of another person. The grantor does not promise anything other than they are giving up their own rights to the real property.

Additional Resources

Principal Instruments of Transfer | CA DRE – Visit the official website for the California Department of Real Estate for more information regarding deeds most often used to transfer title to real property.

Why do you need a lawyer for a deed?

Having a lawyer for property deeds provides an extra layer of protection for each party and will keep deed transfer transactions running smoothly. Additionally, if any conflicts arise a lawyer can help handle them and reach a conclusion.

Why do you need a real estate lawyer for deed transfer?

There are several benefits of hiring a real estate lawyer for deed transfers. Having an extra layer of protection ensures that all laws are followed and mistakes are corrected before it is too late. A property lawyer can research all requirements, negotiate, draft the deed, and represent you in court if necessary.

How does a person transfer a house to another party?

The person transfers the house to another party via general warranty deed granting full ownership rights and promising free title. If down the road, the person finds out there was a fourth unpaid lien then the original title holder will need to compensate them accordingly.

Why is a deed review important?

Deed review is important because it checks that the specific deed contains all relevant information, complies with state law, and will be enforceable by the courts.

What is a deed dispute?

Disputes generally focus on there not being clear title or promises made that turn out to be untrue. Here is one example of a deed dispute that could arise involving a quitclaim deed. Take the previous scenario where a person quickly transfers a real estate interest to their cousin via quitclaim deed.

What is included in a real estate deed?

Generally, a real estate deed will include the party names, real estate description, and signature. However, you should check with your state’s laws to determine if there are any special requirements for real estate deeds to ensure it is a valid and legal document. Having a lawyer for property deeds is important because a lawyer can draft ...

What is a grant deed?

This means that there could be other partial owners on the property or unknown liens. Grant Deed: In addition to transferring ownership interest to the real estate, this type of deed generally contains a promise that the current owner did not previously transfer the real estate to someone else. To help illustrate the three main types ...

Utah Real Estate Deeds

There are different types of real estate deeds that will hinge on what rights the party owning the property is transferring. Three main types of real estate deeds are:

General Warranty Deed

In addition to transferring ownership to the real estate in its entirety, this deed promises clear and frees title. This deed will generally account for compensation where promises about title turn out to be false.

Quit Claim Deed

This type of deed will transfer whatever ownership rights currently exist in the real estate, even when it is unclear what those rights are exactly. This means that there could be other partial owners on the property or unknown liens.

Grant Deed

In addition to transferring ownership interest to the real estate, this type of deed generally contains a promise that the current owner did not previously transfer the real estate to someone else. Other deeds besides these common ones include special warranty deeds, fiduciary deeds, and trust deeds.

Legal Deed Review

Deed review refers to the process of a third party looking over a deed before executing the transfer. This will generally be a real estate lawyer or other experienced real estate professional. However, real estate agents are generally not equipped to do as thorough of a deed review as an experienced lawyer could provide.

How Are Real Estate Deed Disputes Handled?

Real estate deed disputes can occur in a variety of situations, but most commonly occur with deeds that do not offer as many protections as a general warranty deed. Disputes generally focus on there not being clear title or promises made that turn out to be untrue.

Legal Remedies for Real Estate Deed Disputes

There are several remedies that can apply when dealing with a real estate deed dispute. This includes: • Compensation to remedy an unknown lien or other defect, depending on the type of deed involved; • Other monetary damages for economic losses suffered; • Equitable remedies where there are boundary disputes with a neighboring property.

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 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 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 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.

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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 type of deed is used to transfer a property?

5. Bargain and Sale Deed. This type of real estate deed is used in the sale or transfer of residential real estate; however, it offers no guarantee that the property is free of debts or liens. It only states that the grantor is the title-holder, and little else.

What is a deed of trust?

2. Deed of Trust. A deed of trust transfers the title of an asset from a trustor to the trustee for the benefit of a third party, known as the beneficiary. Most often, a deed of trust is used instead of a mortgage, acting as security against a loan that a trustor has transferred to a trustee.

What happens if a grantor doesn't own the property?

In addition, there are no legal protections against liens or other encumbrances that might exist on the property.

What is mortgage deed?

A mortgage deed is a document signed between a homeowner and a bank or lending institution, allowing said institution to put a lien on the property if the loan isn’t repaid. This deed secures property as collateral for a loan — meaning a “mortgage payment” is paid towards a loan debt, with the house serving as security in the event of a default.

What is a quit claim deed?

1. Quitclaim Deed. A quitclaim deed is used to transfer property between familiar parties, such as family members or even divorced spouses. That’s because unlike other types of deeds, a quitclaim deed offers little legal protection to the grantee (the recipient of the transfer).

What is a warranty deed?

Typically used in residential real estate transactions, a general warranty deed guarantees that the seller has the full legal right to sell the property, and that the property is completely free and clear of debts, liens, or other encumbrances.

What is a deed in 2020?

Published January 21, 2020 | Written by Mollie Moric. A deed is a legal document used to transfer ownership of property from one party to another. There are different types of deeds, and each serves a specific legal purpose depending on the known and unknown history of the property, the existence of a lien, and/or other encumbrance like a mortgage. ...

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.

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 the correct language for a conveyance?

The correct language, including words of conveyance, must appear: a statement from the grantor conveying the interest to the grantee, and the amount of consideration. The consideration is the value exchanged for the deed. If the grantee pays, the payment amount is included.

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 is community property?

Community property: In community property states, spouses own the home 50-50. Each may leave their part in a will. Some states offer community property with survivorship rights, which avoids probate. A title may be in people’s names, or the name of a business.

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.

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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.

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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.