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How should the grantee be written for a warranty deed if you have a husband and wife?
example: john smith and Mary smith, husband and wife, as joint tenants with rights of survivorship who reside at ...
Answer
In some jurisdictions a tenancy by the entirety provides married people with the ultimate protection. It is a form of ownership reserved for married people. The property cannot be partitioned or siezed by the creditor of one person. It is the strongest form of survivorship. Neither can sever the survivorship rights of the other. It would be expressed as . . . to Kendra and Timothy O'Connor, husband and wife, as Tenants by the Entirety . . . .
What else can I help you with?
You got married and added your husband's name to your deed. Why doesn't the deed show the signature of acceptance?
Check with the title company to see how they recorded the new one.Make sure that the husband has also been added to the mortgage, if there is one. He should share the responsibility.Answer/ClarificationGenerally, there is no requirement for the grantee to sign acceptance on a deed. The operative signature on a deed is that of the grantor. The only time a grantee needs to sign is when there is some agreement in the deed that binds the grantee such as the grantee agreeing to abide by a restrictive provision in the deed.
How do you correctly put the married couple on a quit claim deed as grantee?
The grantees should be recited as 'Marsha A. Hollingsworth and Daniel E. Hollingsworth, wife and husband, as Tenants by the Entirety and not as Tenants in Common.
Can the grantee in a deed also be the witness?
No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.No. If you need a witness on a deed it should not be the grantee in the same deed since they benefit from the document. The witness should be an objective third party.
What is the wording for a quit claim deed from a husband and wife to their living trust specifically the grantee line?
The entry should be, ie, "Mr. John and Mary Smth, as trustees of the John and Mary Smith Living Trust."
Your grandfather signed a warranty deed reserving life estate could this be pulled into bad debts husband might create?
If husband is a grantee on the deed the answer is yes. If your grandfather conveyed the property to you alone the answer is no. If there are no judgments against your husband yet, or court actions in progress, then he should quitclaim his interest in the property to you. You should seek the advice of an attorney to explain your options and transfer the property to you if necessary.
Were is a warranty deed physically located?
The original should have been returned to the Grantee on the deed. Hopefully the original was also recorded in the county where the property is located. If so, then the County Clerk's office will have an official copy of it, and anyone can obtain either a "plain" copy or a "certified" copy.
If one person is willed real estate and another person has been named on a warranty deed who gets the property?
If a person conveyed her property by deed while she was alive then she no longer owned it when she died. If the deed is valid the grantee should have recorded it and there should be no question about ownership. You cannot devise property in your will that you no longer own.
Does a quitclaim deed transfer mortgage payments to the Grantee?
Absolutely not. The property remains subject to the mortgage and the person who signed the mortgage remains responsible for paying the loan. You should review the documents you signed when you granted the mortgage. The lender usually includes a clause stating that in the event of any transfer of interest in the property the full amount owed is due immediately. If the grantee wishes to assume the mortgage that must be done with the written consent of the lender and the written guarantee of the grantee.Absolutely not. The property remains subject to the mortgage and the person who signed the mortgage remains responsible for paying the loan. You should review the documents you signed when you granted the mortgage. The lender usually includes a clause stating that in the event of any transfer of interest in the property the full amount owed is due immediately. If the grantee wishes to assume the mortgage that must be done with the written consent of the lender and the written guarantee of the grantee.Absolutely not. The property remains subject to the mortgage and the person who signed the mortgage remains responsible for paying the loan. You should review the documents you signed when you granted the mortgage. The lender usually includes a clause stating that in the event of any transfer of interest in the property the full amount owed is due immediately. If the grantee wishes to assume the mortgage that must be done with the written consent of the lender and the written guarantee of the grantee.Absolutely not. The property remains subject to the mortgage and the person who signed the mortgage remains responsible for paying the loan. You should review the documents you signed when you granted the mortgage. The lender usually includes a clause stating that in the event of any transfer of interest in the property the full amount owed is due immediately. If the grantee wishes to assume the mortgage that must be done with the written consent of the lender and the written guarantee of the grantee.
Special Warranty Deed?
Get StartedA Special Warranty Deed, also known as a Limited Warranty 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) and warranties title to their portion of interest in the property in which the grantor has title. A Special Warranty Deed is commonly used when a property is transferred between parties unfamiliar to each other as it provides certain warranties or safeguards for the Grantee or buyer against fraud. A Special Warranty Deed provides a guarantee to the buyer that the seller owns the property, has the right to sell the property free and clear of any debt (unless the debt is disclosed in the deed). Unlike a Warranty Deed, where the Grantor will defend the title to the property against any claims whatsoever against the title that resulted from defects under any prior ownership including the sellers' ownership, a Special Warranty Deed only guarantees the title against defects caused during the Grantor's ownership of the property. An example of a potential title claim/defect is a mortgage on the property that has not be satisfied. Without a warranty the Grantee has limited recourse in holding the Grantor liable for the unpaid mortgage. While the Grantee does not become responsible for paying the mortgage the Grantee will likely be unable to sell the property due to the cloud of title caused by the attached mortgage.** If the Grantor does not desire to provide any guarantees you should consider preparing a Quit Claim Deed.
Major appliances should come with a longer warranty.?
Major appliances should come with a longer warranty.
When a mortgage is in husband's name only but wife and husband have joint tenancy with survivorship warranty deed in Georgia then husband dies without will does wife owe mortgage?
You haven't provided important details such as what came first- the mortgage or the survivorship deed. You should consult with an attorney to determine your obligations and options regarding the mortgage.
In a divorce situation in Florida should both the husband and wife be grantors on a quit-claim deed when conveying the property to one of the spouses as grantee?
Only the spouse who will not be getting the property needs to be a grantor on the deed. In essence, one of the spouses is surrendering their share of the property over to the other.
