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If the title company fails to file a conveance deed or a security instrument of record in the county that the property is in you will need to file a claim with your owner's title policy or the lender would need to file a claim on their mortgagee policy
Wiki User
∙ 12y ago
Wiki User
∙ 6y agoThis is a very serious situation. In that case the property is still in the name of the seller. You should contact the attorney or title insurance company that represented the buyer immediately so the situation can be examined, corrected and the deed recorded. There may be a problem if encumbrances such as judgments or tax liens were recorded against the owner of record since the closing. Also, the assumed new owner would not have been receiving property tax bills and those may be in default. If any mortgage was involved then the complexity of this error is magnified.
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What the happens when the mortgagee never recorded deed for real estate property?
Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.Assuming you mean that a release deed was never recorded when the mortgage was paid, you need to contact the mortgagee and insist it record a release.
How can you sell your house after your wife died?
Typically spouses have a deed as tenants by the entirety. This means he inherits the house automatically when the wife dies. Filing a death certificate with the deed will clear the title.
After deed in lieu what happens to the property?
Your lender bank obtains the title of the property and appoint a real estate agent to sell it.
What is real estate right of exclusion?
Owning real estate carries with it a traditional "bundle of legal rights" transferred with the property from seller to buyer. These are the recognized rights of the holder of title to the property and include:the right of possession - the property is owned by whomever holds title;the right of control - within the laws, the owner controls the use of the property;the right of exclusion - others can be excluded from using or entering the property;the right of enjoyment - the owner can enjoy the use of the property in any legal manner; andthe right of disposition - the title holder can sell, rent or transfer ownership or use of the property at willOwnership of land is holding "title" to it. The evidence of that title is the deed. The seller executes a deed to transfer title to real property and the bundle of rights that go with it.
What is a survivorship exempt deed?
A survivorship exempt deed is a deed that conveys property in the names of multiple people. This type of deed is exempt from tax reassessment.
Does title insurance in a special warranty deed protect the buyer from any other defects of title that are old?
title company
Does a title insurance company check for deed restrictions?
If the Deed Restrictions are recorded in the Public Records of the County in which the property is located, then they should show in the search done by the Title Insurance Agent/Company/Attorney. The title insurance agent will show them on the commitment as exceptions, referencing the Book and Page in which they are recorded. It is always in a buyer's best interest, however, if no Deed Restrictions or Homeowner's Association appear to have been recorded, to have the Title company doing the closing prepare an affidavit for the seller to sign stating that there are no known deed restricitons or homeowner's association in which mandatory dues must be paid.
Is the presence of title insurance recorded on the deed?
No it is not. The same way that your homeowner's insurance is not recited into the deed either. Title insurance is non-transferrable between owners.
Can you file a claim against a title company if the deed was fraud?
If you purchased an owner's title insurance policy and now you find the deed that conveyed the property to you was fraudulent you should make a claim against the title insurance AND against the malpractice insurance of the attorney who represented you when you purchased the property. Someone didn't do their job.
If you get a title comittment do you also need title insurance or does title comittment mean you get title insurance also?
A title commitment is just what it is. It's a commitment. Meaning as long as all of the conditions are met on that commitment, after closing, title insurance will be issued. A commitment is not considered insurance. Your title is not insured until after closing when the new deed and/or mortgage has been recorded. At that point, the title company issues insurance. If you are buying a new home and depending on where you are, you should receive your title policy about 60 days after closing along with either the original or a copy of your deed.
How does one transfer a house deed or title to another family member?
You might try going to a local title company. Sometimes they are very helpful and they might be willing to type the new warranty deed for you for little or no charge. All that might be required is just signing a new deed. You will want to record it with public records. The title company definitely can help you with that. It usually does not cost much to have a deed recorded.
What if your title company did not record your house deed over 30 years ago?
You need to go and see an attorney (solicitor) for advice.
Do you need title insurance if you have a warranty deed?
You need title insurance to protect your title, but the person who SOLD you the warranty deed should pay for the insurance and provide proof that he or she has obtained title insurance that will pay the costs they will incur if the title is defective.Otherwise, you're stuck with a worthless warranty deed and may be left trying to sue the seller who has no money to pay for anything, let alone restitution or other damages.
Where do you record a home loan if borrowing the money from a private party?
With the county the home is in. Contact the county clerk/recorder to record your deed of trust or hire a title company to do it for you.
When do you get the title to a property?
You have title as soon as the deed is delivered to you at the closing. By executing the deed the former owner transferred title to you. However, the deed must be recorded in the land records immediately in order to establish "record title".
When title passes by will do you get a deed?
When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.When title passes by will the will must be probated in order for title to pass to you legally. You do not need to record a deed to prove you inherited the property. The probate records will reflect your ownership. However, if you would like to record a deed in the land records the attorney who handled the estate can draft a proper deed for you and you can record it in the land records to notify the world of your ownership.
How do you get a quitclaim deed for sole survivor?
If by your original deed you acquired the property with another with right of survivorship, you only need to file a death certificate to have the record title reflect that you are now the sole owner. A title company or real estate lawyer can help with this.
