who is a good lawyer to clear up a deed in ms

How to find out if a deed is recorded in Mississippi?

Deeds, mortgage documents, easements, liens and other document recording are managed by the Chancery Clerk in each Mississippi county. A few counties provide online access to recorded documents. Searches for online records can include searching by grantor/grantee name, subdivision, instrument number, or filing date.

How do you transfer a house deed without a lawyer?

Wills, of course, are another way to transfer a deed, and a will can be written without a lawyer. A will is also a good way to pass a home on after death, to be sure an heir gets a stepped-up cost basis and receives a break on capital gains tax.

Should I sign a quitclaim deed to transfer property?

If someone could make a claim to the property, that person could sign a quitclaim to confirm they hold no competing claim. When you use a quitclaim deed to transfer property, you make no guarantees. Under a quitclaim deed, you transfer whatever interest you hold (if you do, in fact, hold any at all) to the other person.

Do I need a lawyer to resolve a property dispute?

Property disputes may involve some very specific legal issues and matters, and real property laws vary from state to state. You may wish to hire a lawyer if you need help resolving any property dispute. Regardless of who the parties are, or what types of legal issues are involved, the help of a lawyer is indispensable for these types of cases.

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

It is used to transfer ownership of a property from one owner to another. To file the deed, bring the deed and a $26 fee in the form of cash or check to the Chancery Clerk office.

How do I get a quiet title in Mississippi?

The first step in a quiet title action is hiring a title company to run a search on the property. That will uncover any encumbrances, liens, or other defects in the title. Next, you will need to hire a real estate attorney because whether you win the action depends on the strength of your case.

Does Mississippi have a real estate transfer tax?

In Mississippi, there is no transfer tax; the recording of the deed only requires the payment of nominal recording fees.

How do I transfer a deed to a family member in Texas?

How to Transfer Texas Real EstateFind the most recent deed to the property. It is best to begin with a copy of the most recent deed to the property (the deed that transferred the property to the current grantor). ... Create a new deed. ... Sign and notarize the deed. ... File the documents in the county land records.

Can you get a duplicate car title the same day in Mississippi?

63-21-15 provides for an expedited processing procedure for the issuance of original and replacement titles. This process requires the Department of Revenue to process titles within 72 hours after receiving the application and supporting documents at our central office when an additional fee of $30.00 is paid.

How much is capital gains tax in Mississippi?

Capital gains tax Capital gains are taxable at both the federal and state levels. While the federal government taxes capital gains at a lower rate than regular personal income, states usually tax capital gains at the same rates as regular income. In Mississippi, the uppermost capital gains tax rate was 5 percent.

How are documentary or deed stamps calculated in Mississippi?

Doc Stamps are calculated at a rate of $1.50 per 1,000.00 of the sales price.

Which state has the highest transfer tax?

DelawareDelaware has the highest state realty transfer tax in the nation. That means more cash at the settlement table.

How do I change the name on the deeds to my house?

Getting the name changed on your deeds is an easy process and you do not need to involve a solicitor. Generally there is no fee to pay either. You simply need to send a letter to the Land Registry office requesting the name change, together with either the original or a certified copy of your marriage certificate.

Can someone sell a house if your name is on the deed?

A house cannot be sold without the consent of all owners listed on the deed. When selling a home, there are different decisions that need to be made throughout the process. Decisions such as hiring a listing agent or negotiating a price are often challenging enough without having to agree with the co-owner.

Is it better to gift or inherit property?

It's generally better to receive real estate as an inheritance rather than as an outright gift because of capital gains implications. The deceased probably paid much less for the property than its fair market value in the year of death if they owned the real estate for any length of time.

Why Use Lawyers.com to Find a Lawyer?

Lawyers.com is an excellent starting point as you look to find a successful resolution to your legal challenge. We make it easy to search for attorneys by location and practice area and offer critical advantages to simplify the process of selecting the correct attorney for you.

What to consider when hiring a lawyer

Whatever your particular legal needs might be, it is likely that many attorneys have the education, skill and experience to serve you effectively. However, finding the right fit might require you to review the credentials of several lawyers and examine several different considerations.

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.

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 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.

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.

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, ...

Different types of deeds for transferring property ownership

Before we look at quitclaim deeds, we want to understand the three primary types of deeds used for changing ownership.

What is the purpose of a quitclaim deed?

Quitclaim deeds are common in inter family transfers of real estate. They common when family members want to avoid the costs of title insurance or attorney fees. They’re also commonly used when moving property in and out of a trust, such as during a bank refinance. Banks typically do not loan to trusts.

Repercussions of a quitclaim deed

Because quitclaim deeds can be so easily created, and recorded by anyone, they can be problematic. Normally, deeds recorded by title companies have a stamp identifying the title company responsible for creating and recording the deed.

Does a quitclaim deed remove me from the mortgage?

There was a common scenario during the Great Recession done by people in foreclosure. They assumed that if they signed a quitclaim deed over to someone else, they were no longer responsible for the mortgage. Others attempted to use quitclaim deeds to cloud title and try to prevent foreclosure .

How to be removed from a mortgage

There are very few ways to be removed from a mortgage without paying it off One way, is to work with the bank to attempt a Deed in Lieu. A Deed in Lieu, is a special deed that transfers ownership of the property to the bank. In a Deed in Lieu, the borrower gives the lender the home, and the lender removes the borrowers mortgage.

Selling a home with a quitclaim deed

Selling a home with a quitclaim deed is perfectly legitimate. However, if you understand the problems it creates for re selling the home, you can quickly see why it can create problems for the buyer in the future. You may truly own the property, and it may be free of liens and encumbrances.

Conclusion

In summary, the problem is not quitclaim deeds by themselves. It’s the lack of title insurance when seller’s transfer title between different parties that often accompanies quitclaim deeds. The same could be true even if a grant deed or warranty deed were used to transfer ownership, but without obtaining title insurance.

What are the remedies for property disputes?

Remedies for property disputes often depend on the nature of the dispute and the state where the property is located. Potential remedies include injunctions, judicial sales, monetary damages, and quiet title actions.

Who can be involved in a property dispute?

Property disputes can involve just about anyone who has an interest in the real estate in question. For example, most property disputes involve the owner of the property in some way, but they can also involve: Neighbors; Landlords and Tenants; Homeowner Associations (HOAs);

How to resolve a dispute with a neighbor?

Sometimes, a dispute can be resolved by just talking to your neighbor and maintaining a good relationship with them. Politeness and respect can go a long way in resolving minor disputes. If it gets to the point where you feel a demand letter is necessary, you can certainly discuss that option with an attorney.

What is a property dispute?

A property dispute is a legal dispute that involves real estate. While it may sound relatively simple, the term “property dispute” covers a wide range of possible disputes over a wide range of property. The property involved could be anything from a vacant lot to a home, deck, condominium, manufactured home, pond, driveway, ...

How to resolve boundary disputes?

Often, boundary disputes can be resolved at least in part by having a proper survey conducted on the property (especially if you’re planning on putting in a fence). Other property disputes may become more complicated, especially when you start running into issues questioning ownership.

What is a cease and desist order?

An injunction, sometimes referred to as a “cease and desist” order, is a judicial order that requires a person to do or stop doing a specific action. In some cases, the court may use a judicial sale of the property to remedy the situation.

Can a city be part of a property dispute?

It can be important to keep in mind that cities and municipalities can be part of a property dispute. Cities have the ability to own property, and often have agencies that regulate property or issue building permits (such as a city or town planning department).