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Q: What type a deed is use by the gov to trans property to an individual?
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Do you have to go through probate if your wife is on the deed but not the loan and the husband dies?

If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.If the deed is a survivorship deed then the property will automatically be the sole property of the wife and bypass probate. However, it will be subject to the mortgage unless you buy some type of mortgage insurance.


Can you get your house back if you signed a quitclaim deed?

If you own property and execute a quitclaim deed transferring your interest. You no longer own the property. If the property is subject to a mortgage or if you made the transfer to avoid creditors you have complicated the title and created a problem for yourself but you cannot undo that deed. The grantee in that deed would need to convey their interest back to you. Transferring property that is subject to a mortgage will trigger the "due on transfer" clause. You should consult with an attorney.


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.


How do you obtain a special warrenty deed for your home?

The buyer must request it prior to the closing. It is up to the parties to negotiate the type of deed that will be used to transfer the property. You cannot change your own deed to a warranty deed.The buyer must request it prior to the closing. It is up to the parties to negotiate the type of deed that will be used to transfer the property. You cannot change your own deed to a warranty deed.The buyer must request it prior to the closing. It is up to the parties to negotiate the type of deed that will be used to transfer the property. You cannot change your own deed to a warranty deed.The buyer must request it prior to the closing. It is up to the parties to negotiate the type of deed that will be used to transfer the property. You cannot change your own deed to a warranty deed.


What type of deed do you need if your partner is not on the mortgage but you want her to have interest in the property?

joint survivership


Does a sheriff deed override a deed of trust?

Your question is complicated and needs a lot more detail for a more concise answer. Generally: A sheriff's deed is the result of a judgment lien. It indicates the land was actually siezed. It can create a cloud on the title to real estate even when recorded after the property has been conveyed if the conveyance was to avoid creditors. If it relates to a debt that was recorded prior to a mortgage in a state that uses deeds of trust for mortgages then it may override the deed of trust. If this refers to a conveyance deed to a trust and the trust was not drafted properly the real estate would be left exposed to creditors. If the debt predates the deed to the trust the sheriff's deed may override it. You may need to pay off the lien to remove the cloud on the title. You should have the situation reviewed by an attorney who specializes in real estate law. If the siezure was "good" the interest on the debt adds up quickly causing the pay back amount to grow. In Massachusetts the interest allowed is 12 percent.


Is ownership of personal property conveyed by a bill of sale or deed?

Ownership of personal property is conveyed by a deed. A bill of sale is merely a transaction written on paper. The person who has ownership is the person listed on a deed or title. In the absence of a title, such as in furniture, a bill of sale is proof of ownership. It just depends on the type of property, and whether the property is required by law to have a title.


Who owns the property with a warranty deed with lien covenant?

The grantee(s) in the most recently recorded deed (any type deed) is the new owner unless that deed conveyed less than a 100 percent interest. In that case, you would need to examine the land records to determine who all the present owners are.


Bargain and Sale Deed?

Get StartedA Bargain and Sale Deed is a type of real property (i.e. land or a building like a house or apartment) deed where the grantor or owner of the property transfers (grants) their portion of interest in the property in which the grantor has title. A Bargain and Sale Deed is commonly used when a property is transferred between parties unfamiliar to each other as it provides certain safeguards for the Grantee or buyer. A Bargain and Sale Deed can be drafted to provide a guarantee to the buyer that the seller owns the property free and clear of any debt (unless the debt is disclosed in the deed). This type of deed can also be drafted without such a guarantee in the event the Grantor has disclosed existing indebtedness to the Grantee.**If the Grantor desires to provide a guarantee against problems with the title regardless of when or under whose ownership they occurred, a Warranty Deed is more appropriate. If the Grantor only wishes to guarantee against problems with the title to the property through the time the Grantor owned the property a Special Warranty Deed is needed. If the Grantor does not desire to provide any guarantees regarding title or the seller's authority to sell the property free and clear of debt, then a Quit Claim Deed is best.


What is partnership deed?

A deed of partnership is a form of deed that is used to transfer real property that will be owned by a partnership. The grantees must be identified as partners in a business partnership on the face of the deed. That type of conveyance creates a tenancy in partnership, which is a survivorship arrangement. Generally, if a member of a partnership that owns real property dies their interest in the real property passes to the other partners.You should check with an attorney in your jurisdictions for the rules in your state.


Brother and sister both on deed is it equal property?

Not necessarily. Being on the deed as a joint tenant with rights of survivorship means they each have an equal share in the property. However, being on the deed as tenants in common means they could have unequal ownership shares. It's important to clarify the type of ownership when both siblings are on the deed.


What is a security deed?

A security deed is used as part of a mortgage type transaction. It is a conditional conveyance of the property to the lender while the debt is outstanding. Legal title is transferred to the lender although the original owner has the right to the possession use and enjoyment of the property as long as the conditions of the loan are met. When the debt is paid the lender executes a reconveyance deed of the property back to the owner.