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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
What if you agree to buy property that is subject to a lien?
If you purchase property that is subject to a lien then you will be responsible for paying the lien. The lien holder should be paid before any proceeds are paid over to the seller. If you choose to ignore the lien holder's claim on the property and the lien holder discovers the sale,generally, they can request execution and the property will be seized by the sheriff and sold. Remember that a judgment lien grows larger every day it isn't paid due to post judgment interest and other costs. In Massachusetts the interest rate is 12%.
If you need to borrow funds to purchase the property the lender will insist the lien be paid and the amount will be added to the amount you borrow.
He has the right to the use and possession of the property if he inherited it. Keep track of the expenses such as taxes, insurance, utilities, municipal services and maintenance. You will need to sue him for his half of those expenses if he won't pay his share.
Answer
Life is too short to share with someone you are unhappy living with, and you do not deserve the trouble he is bringing to you. Insist on a resolution and do not walk away from your share, which is what he may be trying to make you do. He could refinance and pay you your share, or vice versa. You definitely need an agreement ASAP as to how the repairs, utilities and household will be managed if you continue to live together. It is a shame that the deceased was not specific as to how to handle this.
If a person has life estate in property and moves away how can the grantor regain property?
You must obtain a written release from the life tenant in order to clear the title. If the life tenant refuses to release their interest then you would need to bring a suit in equity and hope a court will extinguish the life estate. You would need to provide persuasive evidence.
You should speak with an attorney to see if you have any remedy under your state laws.
Does a notary have to ask for an Id FROM A PERSON BEFORE SIGNING A DEED?
A notary has to follow the rules required for their jurisdiction. In almost all of them, you have to verify the identity of the person signing in front of you. Then you can legally notarize their signature.
Do you need a lawyer for a property title transfer?
Yes. Unless you have expertise in property law. A very small error on a deed can result in a very huge problem.
You can have a will made out are they can make you power of attorney. States establish laws on how real property can be protected from creditor attachment and exempted from probate procedure. Depending on the laws of the state in which the property is located a married couple should make the choice of titling property in the way that is most advantageous to their personal circumstances. Generally the first choice would be "Tenancy By The Entirety" (TBE), second choice "Joint Tenants With Rights Of Survivorship" (JTWRS), third choice "Joint Tenants" (JT). Under such circumstances as cited in the question a Quitclaim Deed should never be used.
Dower is a common law right of a wife to use property after the death of the husband. It was abolished in Oklahoma by statute in 1910. See Title 84 of the Oklahoma Statutes, Section 214. All Oklahoma Statutes are available online.
It depends upon the terms of the trust and the state law governing the trust. The trust document may explicitly say what happens when a trustee dies (or cannot server). For example, a specific individual may be named as a successor trustee, or a corporate trustee, or perhaps the current beneficaries may by majority vote appoint a new trustee. Failing that the appropriate court could appoint a successor trustee.
But you should seek legal counsel.
It cannot be used in the granting clause. Every grantor and every grantee must be listed on the deed by name so their ownership can be documented in the land records.
Et al is often used in the description to identify abutters. The first abutter on any particular boundary is mentioned by name followed by et al to indicate that there are other abutters on that line.
What is the process for the addition of persons to ownership of real property?
Deed to the person(s) a partial undivided ownership in the property.
Can you sell property if you bought the same property off some one who has a civil suit against him?
As long as there is no lien on the property you can. If the civil suit is pending, then no judgment lien has attached to the property and you can buy it free and clear. If the civil suit relates directly to the property, the plaintiff may have put a lis pendens on it which is a type of pre-judgment lien that is permitted in some cases when the lawsuit is over the property itself. In addition, if the suit is for work done on the house by a contractor, there may be a mechanics' lien on the property. This is another pre-judgment lien that is permitted. In any event, if the civil suit is merely an action on a debt or a tort, the mere pendency of a civil suit does not create a lien on the property. Absent a lis pendens or mechanic's lien, the property may be purchased from the defendant and sold.
Does the term heirs and assigns in a deed mean it is a joint tenancy deed or a common tenancy deed?
Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.
A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.
Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.
A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.
Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.
A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.
Neither, those are ancient common law simply terms of art that mean the interest being conveyed to the grantee is a fee interest and that the grantee will be able to sell the property while living or it will go to her heirs upon her death.
A joint tenancy must be created by certain language in the deed. In many jurisdictions "as joint tenants" is sufficient. In others you must recite the entire phrase "as joint tenants with right of survivorship". If no tenancy is specified the tenancy usually defaults to a tenancy in common except in those states where a conveyance to a legally married couple automatically creates a joint tenancy with the right of survivorship.
Georgia is a "race notice" state and uses a deed as the security instrument for a debt affecting real estate.
What that means is any instrument that affects real property must be recorded in the land records to be effective notice against the world. If a lender fails to record a security instrument and subsequent liens are recorded against the property the subsequent liens take priority. If the error is discovered and the unrecorded deed to secure a debt is later recorded it becomes a junior lien if the borrower defaults.
If the deed to secure the debt was still unrecorded and owner of the real estate conveyed the property by a deed to an innocent third party purchaser that grantee would own the property and the lender would only have a monetary claim against the debtor.
Although the deed to secure a debt was not recorded it is still binding upon the property owner who signed it. This information is general information only. You should seek legal advice before making any changes in ownership.
Can you take a loan on a property owned by your mother?
No. You have no rights in your mother's property.
How many deeds can you have on a property?
One or more depending on how the property was acquired by the owners. A person could convey a half interest to their partner. In that case there would be two deeds to the property. By another method a person could convey the property to self and a partner. In that case there would be one new deed for the property. A title examination will determine the current owner(s) of the property.
Should I inherit the property or let the estate sell it?
Since we do not know anything about you or the property no one can give you any logical advice. You should ask a trusted friend or the lawyer who is handling the state.
Do you need the consent of other owners to partition land?
No. A any co-owner (except a tenant by the entirety) who wants their monetary value in the property can file a petition to partition. Although the court will try to divide the land that option is not usually plausible. Most often, the land must be sold.
The court must appoint a commissioner to sell the property and distribute the proceeds. The commissioner must be paid. The real estate agent who handles the property must be paid. In addition, the sale of the real estate will be entirely out of the control of the owners. If an offer is accepted and repairs are required the cost comes out of the proceeds. There are court filing fees and other costs and legal fees. The net proceeds will then be divided equally among the owners.
With all that in mind, remember that the other owner(s) always have the option to avoid court by purchasing the co-owner's interest in the land for a mutually agreeable price. The parties should seriously try to settle the matter peacefully. The legal costs associated with partitions can be high and will be shared equally by all the owners.
What the different between equitable fee simple and legal fee simple?
Fee simple usually means you have a deed reciting full ownership of the appurtenant rights in the property. Equitable title means you only have a contract right to sue for specific performance (in equity) to obtain the property deed. In other words, fee simple is the deed, and equitable title is the right to obtain the deed in court.
Other Perspectives:If the town takes your property for failure to pay your property taxes you have an equitable interest until your rights of redemption have been barred by a court decree. If you pay your delinquent taxes before a decree is entered your fee ownership will be restored.
Suppose your mother died owning a home and you are her only heir. She left the property to you by her will. Until her will is probated you only have an equitable interest in the property and not a fee simple interest. In order for you to acquire legal title, a fee simple, her estate must be probated.
Do Husbands have dower dower rights in Tennessee?
In 1945 US Federal Law abolished Dower. (See also "Curtesy")
Property owner dies who bonded someone out of jail what happens?
If any funds were returned they would become part of the decedent's estate. If the suspect agreed to pay the funds back, in writing, the funds should be paid to the estate.
What's the question?
Yes. Your mother would need to sign any mortgage or deed of sale for the property and any other instrument that would encumber the property. That would also apply to the owner of the other undivided one-half interest.
If a payoff on a mortgage is not provided by a lender can the seller's dismiss the mortgage?
If there is a lien on the title to the property, it would have to be satisfied for the seller to give "good and marketable title" to the buyer. I have never heard of a situation where a payoff could not be obtained and anyone was okay with it so I don't think the sellers can "dismiss the mortgage" under an circumstances.
Can a lien be removed if you take your name off the deed in Michigan?
The only way to remove a lien is to pay it off and get a release.
