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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
Does a deed for a house include its contents?
No. A deed transfers interest in the land and dwelling.
No. A deed transfers interest in the land and dwelling.
No. A deed transfers interest in the land and dwelling.
No. A deed transfers interest in the land and dwelling.
Can you take your husbands name off the title to your house that is paid for And has his consent?
You cannot "take a name off the title". Your husband would need to execute a deed to convey his interest to you. You should consult with an attorney who can explain the consequences of making such a transfer. If you decide to proceed the attorney can draft a proper deed.
A Deed of Novation is used where one party transfers its rights and obligations under a contract to another party. A novation usually happens when the seller of a business transfers the contracts with his customers to the buyer. The consent of all three parties - the transferee, the transferor and the other contracting party - is required to effect the novation.
Do I inherit property after my husbands death if I have a quit claim deed for 50 in SC?
If two people own property jointly the probate laws of the state in which the person dies and the laws concerning the way real property is held/titled determines ownership. The following may help answer your query:
- Property owned by two people as Tenancy By The Entirety, or Joint Tenants (in some states), or Joint Tenants With The Right To Survivorship is not subject to probate and passes directly to the surviving spouse and/or named person(s).
- Property owned solely by the decedent or as Tenants-In-Common is subject to probate and any interest in said property is included in the decedent's estate.
- If your husband transferred his property to you by a quitclaim deed prior to his death then the property belongs to you and is not part of his estate.
If a property is willed to someone do they inguire the liens on the property?
If the property is subject to active liens, generally the devisee will acquire the property subject to those liens.
Most states that have a redemption period after a foreclosure auction give homeowners extra time to stay in a property after the sale. The house is foreclosed on, then sold at a public auction, and then the homeowners have time afterwards in order to save the house, pay off the redemption amount, get a new loan, sell, or just save up money and move on. The eviction will not start until after the redemption has expired.
A small number of states (Illinois, for one) have a redemption period that lasts before the sheriff sale of the house. Once the foreclosure lawsuit has been completed and the bank granted a judgment, the homeowners will be able to use a period of time between the judgment and the sheriff sale to find a solution. This may be just a few weeks in some states to half a year in others, but if the owners are unable to pay back the loan, the house will be auctioned off.
Usually, when properties sell at the county sheriff sale, it is the foreclosing bank or a related bank that puts in the winning bid amount. From that point on, it will be this new owner that the homeowners would have to deal with in order to get the house back after the auction. In a very small number of cases, a third party individual or company will purchase the house, but the manner in dealing with this type of owner is not much different than if the bank buys the property back.
When the redemption period has expired on a property, the original owners have very few options left to save the house, and very little time in which to do it. Banks, while they may be willing to push back a sheriff sale or give homeowners an extra month to come up with missed payments, will not usually be open to extending the redemption period. Typically, the lender will begin with eviction process right away as soon as the homeowners have run out of time.
This should not come as much of a surprise to homeowners, however. After all, mortgage companies may have to wait up to a year for a redemption period to expire, which is time they would not have had to wait in other states to take the house back. When the lender can finally begin to pursue the eviction, they usually do so aggressively, understanding that if the foreclosure victims could not work out a solution in the preceding months, it is unlikely they will be able to do so with even more time after the redemption.
So, the main option that is left for homeowners is usually to purchase their property back from the bank. Now that the redemption has ended, the bank is the legal owner of the house and holds title. If the former owners wish to keep the property, they will have to find some way to get it back in their names and have the mortgage company transfer ownership back to them.
For homeowners with a lengthy redemption period who have the financial ability to save money every month, it may be possible to qualify for a mortgage after foreclosure within 6-12 months. A sizable down payment will be required, however, up to 35% of the purchase price. But people who were foreclosed on a year ago may be able to afford to buy back their former home at a substantially reduced price, due to declining property values nationwide.
Otherwise, the most effective way to stay in the property may be to have a friend or family member purchase the house and agree to lease it back to the owners. This investor can buy the house and keep it in his name, and then lease it to the foreclosure victims until their credit has recovered and they have saved up enough to qualify for an outright purchase.
Unfortunately, due to the entire foreclosure process and transfer of the property out of the names of the original owners, most options are unavailable after the redemption period. Banks will not accept forbearance agreements or modify the loan, and simply refinancing a home that is no longer owned by the original family is out of the question. For homeowners who want to save their house after the redemption has expired in their case, there is little to do other than attempt to purchase the property back from the lender.
Yes. She is the sole owner.
If you are on the deed as a Joint Tenant, you have survivorship rights to the property. That means that the property would not be subject to probate, and does not become part of the decedent's estate. Full ownership passes automatically to you whether you are a "girlfriend", sister, uncle or any other person.
Fee simple is the highest form of property ownership. The fee owner has the right to the use and possession of the property and the right to devise it by Will. If the owner dies without a Will the heirs inherit under the laws of intestacy.
How do you transfer trusted land into the beneficiary?
You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.
You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.
You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.
You need to review the provisions of the trust for instructions on how and if the title can be transferred by the trustee to the beneficiary.
Can other heirs take a home if your name is on the deed?
You need to add more details.
If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
You need to add more details.
If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
You need to add more details.
If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
You need to add more details.
If the decedent executed and recorded a valid deed prior to their death with you as the grantee then the property would not be in the decedent's estate at the time of their death. In that case the heirs could not "take" the property.
How do you claim a property inheritance if relative illegally quit-claimed property?
It is likely the only option is to file a lawsuit and present evidence that the property was fraudulently conveyed to the person who now holds title.
If a deed is notarized in one state and the property is in another state what notary law applies?
A Notary's powers are granted by the State in which they reside but a Notary's duties are essentially the same in all states. As long as a Notary certifies a signature as valid it is acceptble in all jurisdictions
What does rights of survivorship mean to a person listed on a deed?
It means that should one owner die their interest passes directly to the surviving owner bypassing probate.
It means that should one owner die their interest passes directly to the surviving owner bypassing probate.
It means that should one owner die their interest passes directly to the surviving owner bypassing probate.
It means that should one owner die their interest passes directly to the surviving owner bypassing probate.
What type of deed is needed for an acre for acre swap of equal value?
A quit claim deed could be used. A Quit Claim Deed is a deed that transfers without warranty whatever interest or title a grantor may have at the time the conveyance is made It conveys to a Buyer only what the Seller actually owns, if anything, and provides no guarantee from the Seller to the Buyer that the Seller has any interest in the property to convey. The rule to follow for a person accepting a quit claim deed is "Buyer beware". If it later turns out that the Seller's rights to use the property are encumbered by another person's interest in the property, the Buyer is out of luck and has no recourse against the Seller.
A Different Opinion: I have seen similar conveyances executed by two simultaneous deeds. Each granting party conveys their property "for the consideration of" the other party's property. In other words, they swap property in lieu of a monetary figure. It's quite common. Deeds are generally executed and recorded on the same day. Any attorney could easily prepare such a transaction.
How do you get conveyance deed without landowner signature?
In order to transfer the ownership of real estate the owner must sign a deed. If the owner has died then the court appointed fiduciary can execute a deed if they have the right to sell real estate in the will or get a license to sell real estate from the court. After the estate has been settled the heirs can execute a deed.
Can they change or add deed restrictions after you have purchased a home?
Changes can be made only if a former owner reserved the right to add restrictions in the past. That reservation would be found by performing a title examination.
How do you forfeit your rights to your Undivided Interest and property owner associations?
If you purchased a property that has an undivided interest in common areas and that requires membership in a homeowner's association you cannot make any changes to either arrangement. By purchasing your lot or unit you agreed to be legally bound by the rules, regulations, covenants and restrictions set forth in all the documents recorded by the developer.
Can you gift a deed of a house to someone if there is still a balance on the mortgage?
Yes. However, the mortgage must be paid. Some mortgage documents contain a clause that requires the balance be paid upon transfer. You should inform the bank of your plans. Perhaps they will allow the grantee to assume the note. Or, if you intend to reserve a life estate, perhaps the bank will allow you to keep making the mortgage payments.
Can the grantor put a lien on a property if it was transferred via quit claim?
If the owner executed a quitclaim deed he/she is no longer the owner. It is unknown by your question what grounds the former owner would have you have for placing a lien. Unless you were granted a mortgage interest by the grantee you would need a court judgment to obtain a lien.
If your land is taken for unpaid taxes do you also lose the mineral rights?
If the town takes your property for non-payment of property taxes then you lose all rights in the property unless you redeem the land by paying the delinquent taxes.
What will happen if an unmarried couple separates and one person stops paying the mortgage?
The other must pay the mortgage or the property will be taken by foreclosure and both credit records will suffer. If one will be paying the mortgage they should sue the other for their interest in the property or buy their interest out. You should consult with an attorney.
You must consult with an attorney who specializes in trust law and who has a good reputation in the community. The attorney will review your situation and explain your options. Most importantly, she/he will draft a trust that is valid under state laws and meets your needs. It is important to draft a trust that will be invulnerable to challenges. That is the only way to protect your children's interests.
