WHAT IS THE PRICE TO PREPARE A DEED?

The fee to prepare a deed for you is $195. This fee does not include the county recording fee or document tax.

HOW DO I REMOVE OR ADD A NAME TO THE DEED OF MY PROPERTY?

To change a deed, a new document must be prepared and recorded. Once the new document is prepared, it is ready to be appropriately signed and acknowledged according to the requirements in the county where the property is located. Once acknowledged, the document is ready to be recorded.

WHAT DO I NEED TO HAVE IN ORDER TO TRANSFER PROPERTY?

In most cases, you need three things to transfer property title. 1. Your name (you are the grantor). 2. The name of the recipient (this is the grantee).  3. The address or legal description of the property. A statement of consideration (price) should be included if there is one.

WHERE DO I RECORD THE DEED

After the deed has been signed and notarized, the original needs to be filed with the county recording clerk in the county where the property is located.  Only original documents can be recorded. There is a recording fee.

MY SPOUSE IS DECEASED. HOW DO I TAKE THEIR NAME OFF OF THE TITLE (DEED)?

In some states, if the property is owned by spouses jointly with right of survivorship, when one spouse dies, a death certificate can be recorded to clear the title. By recording the death certificate, the remaining spouse becomes the sole owner of the property. In other states, you may need an Affidavit of Heirship or a probated will.

HOW LONG DOES IT TAKE TO RECEIVE MY RECORDED DOCUMENT

Each state has different procedures to record documents.  Typically documents are recorded according to the requirements of the state in which the property is located upon receipt. Once they are recorded, they must be indexed, verified and scanned to appear in the public records.  Some states allow you to do this in person at the public records office. In this case, you may have your document the same day. Alternatively, you can mail your document to the recording office. Once the document appears in the public record, it is returned to you in the mail.  The time frame varies in each county but it usually takes approximately 7 to 10 days.

ARE THERE SEPARATE DEEDS TO THE HOUSE AND THE PROPERTY?

No.  In most states, the deed for the house is also the deed for the lot. If there is a mobile home on the property, the mobile home may have a separate title.

CAN AN AGENT FOR THE PROPERTY SIGN THE DEED?

The only person who can sign the deed is the owner of the property or a person with a properly signed Power of Attorney for the owner.  If the owner is a business, an officer of that business can sign as agent.

WHAT ARE DOC STAMPS ON A DEED?

A small number of states have documentary stamps.  These stamps are a tax on certain documents executed or recorded in that state.  They are also called real estate conveyance tax, mortgage transfer tax or property transfer tax. Deeds, mortgages and promissory notes are examples of documents that may require doc stamps.

WHAT METHOD OF PAYMENT IS ACCEPTABLE TO PAY FOR MY RECORDING?

Most recording offices accept cash, certified check or money order.  Some may also accept a business check. Most recording offices do not accept personal checks.  It is advisable to call ahead or check online to confirm the method of payment accepted to pay for your recording.

HOW MUCH DOES IT COST TO RECORD MY DEED?

Prices vary from county to county.  Generally, the cost to record a deed runs from $10 to $30. It is advisable to call ahead or check online to confirm the cost to record your deed.

CAN I RECORD MY DEED IN PERSON OR CAN I MAIL IT?

Generally, documents can be recorded in person or by mail.  It is advisable to include a self-addressed envelope along with your deed if you mail it.  Properly signed and acknowledged documents can be recorded by anyone you choose.

HOW DO I REMOVE MY EX-HUSBAND OR EX-WIFE FROM THE TITLE (DEED)?

One party may acquire the home that was jointly owned in a divorce settlement. The other party may use a quitclaim deed to “quit claim” or relinquish his or her interest in the property in order to comply with the court’s decision or the parties’ agreement.

CAN I TRANSFER A SHARE IN MY HOME TO MY NEW SPOUSE?

Yes. When an owner gets married or remarried, he or she can use a quitclaim deed to transfer an interest in the property to their new spouse.

CAN I TRANSFER PROPERTY TO MY MINOR CHILD?

Technically, yes, you can transfer your property to a minor. However, it is not advisable to do so.  A further transfer will not be possible until the minor reaches 18 years old.

WHO NEEDS TO SIGN THE DEED TO VALIDATE IT?

The owner of the property or a person who has Power of Attorney for the owner must sign the deed. In most states, the Buyer or Grantee does not need to sign. In some states, the deed needs to be signed by two witnesses. All states require a notary to sign the document.

DO I HAVE TO BE IN THE STATE WHERE THE PROPERTY IS LOCATED TO TRANSFER THE PROPERTY?

You do not have to be located in the state where the property is located to transfer property you own.  You can be anywhere in the country, or even in the world for that matter, as long as you have access to a recognized notary.

DOES THE BUYER OR GRANTEE  HAVE TO BE IN THE STATE WHERE THE PROPERTY IS LOCATED TO TRANSFER THE PROPERTY?

No.

DO I NEED A DEED TO TRANSFER TITLE TO A CAR?

No.  You need to contact your state Department of Motor Vehicles (DMV).

WHAT IS TITLE INSURANCE?

Title insurance is an indemnity (security against loss) insurance. Lenders title insurance is purchased by the borrower to protect the lender.  It is issued by a licensed insurance company and protects the holder from financial loss should there be defects in a title to real property. This is a separate service purchased directly from the insurance company.

WHAT IS ARE ESCROW SERVICES?

Escrow is a financial arrangement provided by a title company or escrow company to hold a signed deed in trust or “escrow”.  Funds are released when the terms of an agreement (in most cases when payment is complete) are met.