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Deeds and Ownership

Ownership of real property is one of the most valuable legal rights. The method of documenting and transferring this ownership gives rise to the questions in this category.

5,025 Questions

How do you request a copy of a warranty deed?

If it was recorded in the land records you can obtain a copy at that office.

If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.

If it was recorded in the land records you can obtain a copy at that office.

If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.

If it was recorded in the land records you can obtain a copy at that office.

If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.

If it was recorded in the land records you can obtain a copy at that office.

If it was not recorded you need to obtain a newly executed confirmatory deed from the grantor.

What is a vesting deed?

When referring to employment benefits, vesting is the amount of time to ownership to the employer's contribution to his or her accrued benefits. In the case of a pension, an employer makes contributions to an employee's retirement plans over the course of his or her employment. Generally, the employee must complete a certain amount of time before he or she has rights to the employer contributions in the pension plan. Plan benefits are said to "vest" at the end of that time period. Example: An employee receives $1,000 a year in employer contributions to his/her pension plan, with 50% vesting after 2 years of employment and 100% vesting after 3 years of employment. [To keep it simple, assume 0% returns in the pension plan.] If the employee quits at the beginning of his/her third year of employment, he or she is entitled to $1,000 * 2 years of employer contributions * 50% = $1,000 in the pension plan. If the employee quits at beginning of his/her fourth year of employment, at retirement, he or she is entitled to $1,000 * 3 years of employer contributions * 100% = $3,000 in the pension plan.

What happens to a piece of real estate when the parents have died there are three siblings and one has signed a quit claim deed?

Based on the terms used I will assume the question pertains to real estate in the US. A few things are important. The prior owners who have died may have a will, a trust or they died without providing a will. Depending on how the title was held plus any provisions made prior to death which details the three siblings' possible claim to the property.

Second, the quit claim deed is mostly to let a specific person, the one signing the quit claim deed to wave any possible rights they might have had in the property. Such a deed makes no claim about any rights that the individual had, just that they are waiving all possible rights if any rights or claims happened to have existed. Denying any future interest rather than making any statement about what might have been true prior. Back to the specific question asked. The quit claim does not establish who has a claim. It will only clarify who does not have a claim if the documents is valid. In this case the quit claim confirms 1 no longer has any interest or legal claim while it the situation for the other 2 siblings is not addressed by the quit claim. Speak to a real estate attorney to get specific advice as to the present ownership of the property and if probate or other means will be needed to transfer ownership.

How do you find the owner of the Title to your Property?

Your local courthouse, in the office of land ownership records, will have a copy of your title.

Clarification

Title to real property is a somewhat confusing concept. A person who owns property has the right to possess, control, and dispose of it. Title is the legal relationship between a person and their property. The owner of real estate is said to have title to the property.

Although property, and therefore title to property, can be inherited, title is most commonly acquired by virtue of a deed. A deed is a written instrument by which land is conveyed. It must be in writing, on paper and properly executed. To be effective against the world it must also be recorded in the land records. It is evidence of ownership of land and therefore it is evidence of title.

You can obtain a copy of your deed at the local land records office. However, simply obtaining a copy of the deed will not provide the status of your title to the property. Additional research may be required to determine the status of the title since other entities may have an interest in your property by virtue of easement rights, ancient rights of way, road takings, tax takings, etc.

In some jurisdictions, a land registration systemis used and your ownership will be evidenced by a Certificate of Title that lists your deed as your source of title. All the encumbrances affecting your land will be recited on the Certificate of Title. Any encumbrances you create during your ownership will also be listed on the Certificate of Title. A purchaser need look no further than that Certificate of Title for any issues that affect your title. Some jurisdictions send a copy of the Certificate to the owner others maintain the Certificate in the land records office.

In recorded land systems, your deed will be returned to you once it has been scanned and added to the land records in the order by which it was received for recording. Any documents recorded in this type of system are simply placed in deed books (physical or virtual) in the order in which they are received for recording. If you want to check the status of the title to your property to find encumbrances you must check all the recorded land records under each prior owner of your property for a period of thirty to fifty years depending on your jurisdiction.

An owner who wants to determine the status of their title needs to consult with a professional title examiner if the property is recorded in a recorded land system.

If a mother deeds a property to her son is it now legally his house can she take it back?

If mother conveyed property to her son by a valid deed then he is the new owner. She cannot nullify a deed once she has signed it and it has been recorded in the land records.

If son granted mother a mortgage in the property and she reserved the right to foreclose in that mortgage document she can take the property back by foreclosure if he defaults on the mortgage.

What if a warranty deed is not signed and notarized?

An unsigned deed is just a piece of paper. It has no significance until it is properly executed.

Is Iowa a community property state?

No, when it pertains to marital property, Indiana is an "equitable distribution" state. When it pertains to debts, both spouses have responsibility for debts jointly incurred during the marriage, solely incurred debts are the responsibility of the account holder spouse.

What is a quiet title action?

An "action to quiet title" is used to cure certain types of title defects discovered in the title examination. The action only clears the title of the defect brought forth in the complaint. Quiet title actions do not "clear title" completely. They are actions for the purpose of clearing a particular, known claim, title defect, or perceived defect.

A common example arises when a missing interest is found during a prior period of ownership. Suppose a thorough title examiner discovered that a prior owner, William, had three sons when he died in 1949 and only two conveyed their interests. The third son disappeared. The present owner of the property can file an action to quiet title against that third son compelling him (by a published notice) to establish his claim to the property or be forever estopped from asserting it. Of course, the missing son does not usually show up for the hearing and the plaintiff is declared the owner by a court decree.

A common title defect arises when a private party mortgage was never discharged. The morgage was granted to a friend thirty years ago and was paid in full. No discharge was ever recorded, the friend moved away and cannot be located. The statute of limitations has not yet extinguished the mortgage. The property owner would need to file an action to quiet title to remove the mortgage lien from the property.

Can property owned by a decedent be sold by anyone other than the heirs in the Will?

The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.

The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.

The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.

The duly appointed estate representative, appointed by the probate court. That can be the executor ow the will or the person appointed to administer the estate of a person who died without a will.

Is Wisconsin a community property state?

Answer

No, in matters of marital property it is an equitable distribution state.

In the United States there are ten community property states: Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington and Wisconsin.

Can a person with the original deed rescind a quit claim deed?

Quitclaim deeds should be drafted by a professional. Errors made by non-professionals can be costly to be corrected if they can be corrected.

Quitclaim deeds should be drafted by a professional. Errors made by non-professionals can be costly to be corrected if they can be corrected.

Quitclaim deeds should be drafted by a professional. Errors made by non-professionals can be costly to be corrected if they can be corrected.

Quitclaim deeds should be drafted by a professional. Errors made by non-professionals can be costly to be corrected if they can be corrected.

Does a person who signs a quit claim deed have right to the property?

Not necessarily, a quit claim deed just assigns all interest from one party to another. I can give you a quit claim deed to the Brooklyn Bridge, assigning you all of my interest in that property. The deed would be legal in that I am assigning all of my interest in the bridge, but you wouldn't have any more interest in the bridge AFTER receiving the deed than you did before, since I do not have any interest in the bridge.

If there are other encumbrances against the property, a quit claim deed does not remove those encumbrances and in fact may result in the acceleration of a mortgage repayment, if a current mortgage exists against the property.

A Quitclaim deed is often used when people want to change the wording on a deed or to enable the other party to sell the house without needing the signature of anyone else on the deed. I have seen them used to "clean up" the names on a title for the sale of a home or for refinancing. As stated above, the effects of a quitclaim do not eliminate the lien the bank has on the house if the house is not paid for. It does not remove or change the names on the mortgage and those people's responsibility to pay. Clarification:If the grantor on the quitclaim deed owns all the interest in the property in fee then YES you would acquire ownership of the property. If there were any liens and encumbrances you would acquire the land subject to them. In some parts of the country quitclaim deeds are often used to convey real property.

Can you convey partial ownership to a mortgaged property?

The property is subject to the mortgage. In order to sell a portion free and clear of the mortgage you would need to obtain a partial release from the bank. The partial release must describe the portion you want to sell and must be recorded in the land records.

How do you file a quiet title in Arkansas?

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

Briefly: An attorney who specializes in real estate litigation must examine the title to determine what the issues are, what the state law says about those issues and if you have a superior claim of title. The attorney drafts the complaint, files it in the appropriate court and then proceeds to trial placing your claim in the best light.

How do you find out the owner of the property in hyderabad?

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Status

Can a deed of joint tenants with right of survivorship be challenged?

You haven't explained the nature of the "challenge". The cause of actions to challenge any deed in a court of law are limited and usually involve fraud: that there was some fraud committed in the original transfer of the property from the grantor to the grantees as joint tenants.

How do you remove person from gift deed?

The divorce decree signifies the marriage is over, that all matters between the parties have been resolved, and the parties have no further claims against each other.

The disposition of the marital property should have been addressed at the time of the divorce. If the other party was ordered to convey their interest and did not, the recording of that court order in the land records will transfer their interest in most jurisdictions.

If you failed to address the real estate in the divorce proceeding then you have few choices now. You need to get a quitclaim deed from the other party that transfers their interest to you. You will likely need to buy their interest since you cannot "remove" their name from the deed.

You should contact the attorney who represented you at the time of the divorce and ask their help in solving this problem.

Can one co-owner remove the other co-owner from a real-property title without consent?

Yes, even if the other co-owner(s) object(s). A tresspasser, or even a tenant cannot be stopped from being evicted, for if it is held otherwise, then a tenant or trespasser in collusion with one of many co-owners perpetuate his stay.

How do you remove the name from house deed which has no mortgage?

You can't remove your name from a deed. After the foreclosure sale a foreclosure deed will be recorded from the lender to the new owner. Your deed will remain on record as part of the record history of the property.

How can you convert the legal description of a property into the physical address of that property?

In the US:

Generally, some cross-research in the assessor's officeand the land records office should disclose the address if there is one. It requires some work.

A physical address is usually a description of the location of a dwelling or building so that the building can be readily found by the police, fire department, post office, FedX, UPS, etc. It's easier to find the address in the assessor's records and then check the owner in the land records to find the corresponding deed. In some areas the assessor's office maintains a record of the present owner's deed.

If you have the deed, it provides the legal descriptionof the property. If you have the deed you can take that with you to the assessor's office, look at the map showing the street and compare the parcels to your deed descriptions. You may be able to see the parcel described in the deed portrayed on the assessor's map. If so, check the assessor's map and parcel number for the name of the owner and you may find the address. The staff may be willing to help.

If you have the deed you can also check the owner's name in the assessor's records to find if there is a street address that corresponds to that owner. Then compare the deed to the parcel shown on the assessor's map. It's can be a complicated endeavor but professional title examiners use these methods regularly. You might find some valuable assistance from a friendly title examiner working in the land records office.

One factor that may complicate your research is that all properties are not assigned a street address, especially undeveloped land. Lots with no structures may be simply listed as, "Lot- East side of Maple Street- 5,000 square feet". In that case you will not find an address. Also, it's more difficult to research owners who own several parcels in the same area.

Here is a completely different approach:

If you have the deed you can check the owner's name in the grantor index in the land records office. Look for any documents such as mortgages that have been recorded against the property. Deeds often don't show a property address. However, mortgages and municipal lien certificates usually show the address of the property. By reviewing any mortgages or certificates recorded by the owner of that property you may find the address.

How do you correct a land description on a deed?

If you have a dispute with the actual boundaries (mete and bounds) i.e. you believe that you actually own more land that what is described on your deed, then you will have to hire a surveyor to survey your land based on the county records. Depending on where you live (state and county) there may be a free service to address these types of discrepancies.

If, on the other hand, the issue is the actual language of the of the deed, i.e. the deed says "west" and it should say "north", then a trip to the county recorder office with deed in hand may be all that is needed. The county recorder will have access to the county records and will be able to crosscheck your deed with the records to make sure they are in agreement.

Ok...if the issue involves an adverse possession, i.e. the fence line of your property gives you less (or more) property than recorded on your deed, hire an attorney. Every state has differing adverse possession rules which a real estate attorney will know. Factors that may need to be considered include the duration of time which the fence line has been established, the property owners' understanding of the true property line, who has paid the taxes on the property in question over the years, rights of access, permenant fixtures, etc...etc... Hire an attorney.

A Different Perspective

If there is an error in your deed description you should contact the attorney who represented you when you purchased the property. That attorney was paid to represent you. They should have a title examination in their records that contains the correct legal description. If the error is serious enough to require a corrective deed that attorney should take responsibility for making the corrections and pay any additional costs such as recording fees.

How can you sell your vehicle without a title?

You can't. You nee to contact your state department of motor vehicles to ask how you can replace a lost certificate of title.

Can the same person be both the beneficiary and the trustee on a trust deed form?

Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.

Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.

Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.

Trust law is one of the most complicated areas of law. Trusts should only be drafted by an attorney who specializes in trust law. Trust law varies from state to state and the federal government has its own standards that must be met in order for a trust to qualify for tax purposes. If a trust is invalid the title to the property remains in the trustor and as such, vulnerable to creditors, probate and taxes. A trust that names one person as the beneficiary and the trustee may fail.

Can a judge nullify a quit claim deed?

A quitclaim deed is how a person disclaims any interest the they may have in a piece of property and passes that claim to another person.

A real covenant is a legal obligation imposed (in the deeds of the property) by the seller upon the buyer of property to do or not to do something. The obligations are normally enforceable on subsequent owners of the property.

Thus a quit claim deed will pass on the covenant associated with the property and it is possible that situations could arise where this could cause problems.

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