We provide assistance with various related Real Estate transactions and transfers.
Here is a list and definitions for the services we can provide.
Are you looking to add or remove a name from your real estate’s title document? Or transfer property into a living trust or LLC, or otherwise change ownership?
A new real estate deed is required any time you want to add or remove a person's name from your property title, gift your property to a loved one, or place your property in a living trust.
Deed types
General and special warranty
In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The precise name of these warranties differ by jurisdiction. However the basic difference between them is the degree to which the grantor warrants the title. The grantor may give a general warranty of title against any claims, or the warranty may be limited only to claims which occurred after the grantor obtained the real estate. The latter type of deed is usually known as a special warranty deed. While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more common and are more commonly used in commercial transactions.
A general warranty deed is a type of deed where the grantor (seller) guarantees that he or she holds clear title to a piece of real estate and has a right to sell it to the grantee (buyer). The guarantee is not limited to the time the grantor owned the property—it extends back to the property's origins. A General Warranty Deed includes six traditional forms of Covenants for Title. Those six traditional forms of covenants can be broken down into two categories: present covenants and future covenants
- Present Covenants
- Covenant of Seisin & Covenant of Right to Convey - Covenants that represent the seller's promise that he has title and possession and can validly grant or convey both
- Covenant Against Encumbrances - Seller promises that there are no encumbrances, other than those that have been previously disclosed
- Future Covenants
- Covenant of Warranty and Covenant of Quiet Enjoyment - Covenants that represent seller's promise to protect the buyer against anyone who comes along later and claims paramount title to the property
- Covenant of Further Assurances - If seller omitted something required to pass valid title, seller promises to do whatever is necessary to pass title to buyer
Quitclaim deed
A quitclaim deed is a term used to describe a document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee). A quitclaim deed neither warrants nor professes that the grantor's claim is valid. By contrast, the deeds normally used for real estate sales (called grant deeds or warranty deeds, depending on the jurisdiction) contain guarantees from the grantor to the grantee that the title is clear. The exact nature of the warranties varies from jurisdiction to jurisdiction. Quitclaim deeds are sometimes used for transfers between family members, gifts, placing personal property into a business entity, to eliminate clouds on title, or in other special or unusual circumstances.
The most common use for a quitclaim deed is, in a divorce situation, where one party is granting the other full rights to, and eliminating any interest in, a property in which both parties held an interest. If a husband and wife own a home and divorce, and the wife acquires the home in the decree, the husband would enact a quitclaim deed to eliminate interest in the property. The husband's name would remain on the loan and he would be financially responsible or liable if the wife were to default on the property. However, he would have no interest in the property — if the wife sold the property, the husband would have no claim to money gained from the sale. Another example of a circumstance where a quitclaim may be used is where one spouse is disclaiming any interest in property that the other spouse owns.
Quitclaim deeds are also typically provided in cases of tax deed sales where property is auctioned off to pay outstanding tax debt. The auctioning body is usually a local government, which claims no interest in the property whatsoever, but is selling it only to recover the back taxes.
A so-called quitclaim deed is actually not a deed at all--it is actually an estoppel disclaiming rights of the person signing it to property.
A Quitclaim Deed does not warrant that there are no encumbrances other than those listed on the deed. If you wish to warrant good clear title free from any encumbrances that are not listed on the deed, you have to use Warranty Deed
Deed of trust
In some jurisdictions, a deed of trust is used as an alternative to a mortgage. A trust deed is not used to transfer property directly. It is commonly used in some states, California, for example, to transfer title to land to a “trustee”, usually a trust or title company, which holds the title as security ("in escrow") for a loan. When the loan is paid off, title is transferred to the borrower by recording a release of the obligation, and the trustee's contingent ownership is extinguished. Otherwise, upon default, the trustee will liquidate the property with a new deed and offset the lender's loss with the proceeds.
Bargain and sale deed
A bargain and sale deed, implies that the grantor has the right to convey title but makes no warranties against encumbrances. This type of deed is most commonly used by court officials or fiduciaries that hold the property by force of law rather than title, such as properties seized for unpaid taxes and sold at sheriff's sale, or an executor
Wild deeds
A deed that is recorded, but is not connected to the chain of title of the property, is called a wild deed. A wild deed does not provide constructive notice to later purchasers of the property, because subsequent bona fide purchasers can not reasonably be expected to locate the deed while investigating the chain of title to the property.
Deeds as alternatives to bankruptcy
- Deed of arrangement - document setting out an arrangement for a debtor to pay part or all outstanding debts, as an alternative to bankruptcy;
- Deed of assignment - document in which a debtor appoints a trustee to take charge of property to pay debts, partly or wholly, as an alternative to bankruptcy;
- Testing clause - sets out details of when and where and by whom the deed was signed and identifies the witnesses
- Testimonium clause - attests to the due execution of a deed or instrument.
- Example: In Witness Whereof, the parties to these presents have hereunto set their hands and seals.
Recording
Recording (real estate)
Usually the transfer of ownership of real estate is recorded. In most parts of the United States, deeds must be submitted to the Recorder of deeds, An unrecorded deed may be valid proof of ownership between the parties, but may have no effect upon third-party claims until disclosed or recorded. A local statute may prescribe a period beyond which unrecorded deeds become void as to third-parties, at least as to intervening acts.
LEASE AGREEMENTS
LEASE - A document under which a landlord and tenant set forth the rights and obligations of each party with respect to an apartment, rental unit, or other real property
owned by the landlord and used by the tenant. An instrument conveying the possession of real property for a fixed period of time in consideration of the payment of rent.
REAL ESTATE CONTRACTS
A real estate purchase contract is a binding agreement (between two or more parties with legal capacity) to purchase real property. It is based on legal consideration.
Also Known As: Contract to Purchase Real Estate or Residential Purchase Agreement
Purchase and Sale Agreement
The official document received after mutual acceptance The point when both the buyer and seller agree on the price and terms of a deal. on an offer stating the final sale price and all terms of the agreement. The specific items in this contract vary by state, but will almost always include the following:
- Final sale price
- Earnest Money The money buyers pay one to three business days after agreeing with the seller on a price for the home to show that they're serious about the offer. amount with deposit instructions; it's usually paid by a personal check, or in some markets, a cashier's check, one to three days after the document is signed
- Closing date
- Title Insurance protects against losses resulting from problems with the title. The sellers pay for the buyer's policy, and the buyer pays for his lender's policy to ensure that the lender gets clear access to the title. company information
- Contingencies Conditions included with an offer on a home that must be fulfilled before the deal can close. If a buyer or seller is unable to satisfy a contingency, then the offer on a home may become void. for financing, inspections and the title
- Seller's agreement to provide a clear title of ownership
- Addendums Documents included with a purchase and sale agreement that list additional information and/or requests made by the buyer to the seller for other items not stated in the agreement. explaining any additional terms of the offer not included in the actual document
In states with escrow agents handling the closing process, the buyer's agent is responsible for preparing this document. In areas where attorneys handle the closing, they will prepare the document. It's signed by the buyer, seller and their respective agents. There will usually be included addendums for inspections A thorough investigation of a home by a licensed inspector to discover any issues or repairs that need to be made before buying the home. , financing, and the title A legal document listing the history of ownership of the home. A title report lists all parties with a legal claim to the property, what items need to be cleared from title before the new buyer can take possession, and if there are any easements or encroachments on the property.
SPECIAL DURABLE POWER OF ATTORNEY
The Special Durable Power of Attorney is an important legal document. It gives the person whom you designate (your "Agent", attorney-in-fact) broad powers to handle your property during your lifetime, which may include powers to mortgage, sell, or otherwise dispose of any real or personal property without advance notice to you or approval by you.
A Durable Power of Attorney that may affect a real property must be acknowledged before a notary public so it may easily be recorded.
Some counties may require you to register this power of attorney at the office of the Commissioner of Deeds for your county, or at the County Clerk's office.
REAL ESTATE


