what attorney will review my old deed to my house

Full Answer

Do I need an attorney to get a deed for my house?

First of all, do not ever sign any documents related to your home without an attorney! Fraudsters will say you don’t need an attorney, but you absolutely should in order to protect yourself. Second of all, every property owner should check their deed regularly, just like they check their credit score.

Do you need a lawyer to get a retroactive deed?

Real Estate Lawyer. A real estate lawyer will need to be hired to help owners draw up a new deed, retroactive to the original purchase date. The new deed will need to be notarized, and then the owners will need to go in front of a court officer to attain an affidavit that states the new deed is the replacement deed.

What do I do if my deed is not recorded?

What to Do If Your Deed Was Not Recorded. If your deed has not been recorded, inform your attorney or title insurance company immediately and request that it take action to have your deed recorded as soon as possible. You should also inform your mortgage lender, as it may be able to assist you with recording your deed.

How to get a replacement deed for a house?

The new deed will need to be notarized, and then the owners will need to go in front of a court officer to attain an affidavit that states the new deed is the replacement deed. The replacement deed and the affidavit will need to be presented to the county clerk.

Are old property deeds worth anything?

Surprisingly, most have very little monetary value in the market unless they are signed by important people, are particularly early, or can shed some light on an interesting household. Still, any old deed should be properly evaluated as some can fetch substantial sums.

What is the function of recording a deed?

The general purpose of recording statutes is to permit (rather than require) the recordation of any instrument which affects the title to or possession of real property, and to penalize the person who fails to take advantage of recording.

How long does it take to record a deed in California?

two weeks to three monthsWhen done properly, a deed is recorded anywhere from two weeks to three months after closing.

Who is responsible for recording a deed?

the buyerAs the buyer of a property, you are the one responsible for recording the deed. Deeds for real estate need to be filed directly with the municipality or county where the property is located. The documents must be signed, witnessed, and notarized in order to be registered.

Which is more important title or deed?

Which is more important: title or deed? Both the title and the deed are of equal importance because they both have a purpose in the home selling process. For instance, a title search can note only confirm who owns the property, but also lists any liens, loans, or property taxes due.

How do I look up a deed in California?

You'll find most California property deeds at the County Clerk's office, also called the Registrar/Recorder office....You can get information from the Orange County Recorder's Office about these topics:Available Online Services;Copies of Official Records; and.Online Grantor/Grantee Index Search.

How much does it cost to record a deed in California?

It requires County Recorders throughout California to charge an additional $75 fee at the time of recording every real estate instrument, paper, or notice, except those expressly exempted from payment of recording fees, per each transaction per parcel of real property, not to exceed $225 per single transaction.

How do I verify a title deed?

The Register of Deeds should be able to provide you a “Certified True Copy” of the title to ensure its authenticity. Request the seller of the property to give you a photocopy of the title since the Register of Deeds will need information such as the title number and the owner's name.

Your State’S Law Requires That Your Deed Be Recorded

Virtually all states have what are called "recording statutes." These laws govern who is recognized as owning real property and who has a financial...

What Could Go Wrong If Your Deed Is Not Recorded

In practical terms, failure to record your deed would mean that, if you ever want to sell your property, refinance your mortgage, or execute a home...

Finding Out Whether Your Deed was Recorded

Few people are aware that there could be a problem with their deed until they attempt to sell their property or refinance a mortgage. To find out e...

What to Do If Your Deed was Not Recorded

If your deed has not been recorded, inform your attorney or title insurance company immediately and request that it take action to have your deed r...

What Is a Property Deed?

A property deed is a document that provides ownership of a piece of land or real property. The ownership is referred to as "title," while the actual document or evidence is called the "deed." Deeds basically provide proof that one person owns a particular plot of land.

What Are Trust Deeds?

With a trust deed , the deed is transferred "in trust", which means it is first transferred to a trustee before it is actually passed to the beneficiary. The trustee will hold the deed for a specified time until the grantor instructs them to transfer it to the beneficiary. This can be done for several reasons.

Should I Hire a Lawyer for Help with Property Deeds?

Property deed laws can vary from state to state. You may need to hire a real estate lawyer for help when it comes to dealing with property deeds. Your attorney can provide you with valuable legal advice and insights regarding property laws.

Where do you record a deed?

When you close on the purchase of a home or real estate, it is usually the job of your title or escrow agent to file your original deed—the document showing that you now legally own the property—in the appropriate government office in your county. This is called "recording" the deed. When done properly, a deed is recorded anywhere ...

How long does it take to get a deed recorded?

When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business. Even county offices sometimes fail to record deeds that were properly submitted.

Can creditors file liens against property?

Because creditors are permitted to file liens and judgments against assets of a debtor, if your property is still listed as an asset of your seller in the public record, you are at risk of your property being en cumbered with liens or judgments that are not your own.

Can you confirm a deed has been recorded?

You should also inform your mortgage lender, as it might be able to assist you with recording your deed. It is relatively easy to confirm that your deed has been recorded. If there is a problem, discovering it before something worse has arisen could save you from expense and enormous inconvenience.

Can a seller fraudulently execute a mortgage?

Although less likely, there is also a risk that your seller could fraudulently execute a mortgage or home equity line of credit against your property. The bank would have no way of knowing that ownership was transferred to you and could lend the seller money secured by a mortgage.

How to get a copy of a deed to a house?

Retrieve your original deed. If you’ve misplaced your original deed, get a certified copy from the recorder of deeds in the county where the property is located. You’ll need to know the full name on the deed, the year the home was last bought, and its address. Expect to pay a fee for a copy of the deed.

Who signs a deed in Florida?

For an example, in Florida a grantor must sign the deed before a notary and two witnesses — who also sign in the notary’s presence. As you can see, a state and the counties will have specific requirements for the deed, which can include formatting, return addresses, the name of the deed preparer, and so forth. Step 5.

What is warranty deed?

The general warranty deed promises that no unmentioned lienholders exist who might have claims to the property; it means the owner is free to sell the home . Warranty deeds are used in “arm’s length” transactions — between people who don’t know each other apart from the real estate deal.

What is a quitclaim deed?

Quitclaim deeds are cost-effective tools for transferring interests in real property when there is no need for researched guarantees. Always consider potential tax implications before you decide to transfer real estate, including tax on the deed transfer itself.

What to do before transferring a warranty deed?

So, before transferring a general warranty deed, the owner has to resolve all mortgages, tax liens, judgment liens and other relevant debts and encumbrances. If you are transferring property under a general warranty or similar deed, it’s wise to seek professional assistance.

Can you transfer a house into a trust?

Another possible workaround is transferring the house into a trust. Be clear on what your mortgage company will allow that without accelerating the mortgage due date. And look out for quitclaims from strangers. If you receive a home by accepting a quitclaim deed, know that your title could have defects.

Do I need to sign a deed before a notary?

Sign the deed before a notary. As the grantor, you’ll need to sign the deed with a notary public, who will change a small fee. In some states the grantee may not need to sign, but the deed must be delivered to the grantee, and the grantee must accept the deed, or it’s not valid.

What to do if a deed is lost?

If the deed is actually lost (no one has a copy), you will need to work with the seller to get a replacement grant, which confirms the sale. Advertisement. references.

What to do if you lose your deed to a house?

If you've just purchased a house and your deeds haven't been scanned into electronic form yet, you might have to visit or call your county's land registrar (also referred to as County Recorder's Office). You'll receive the documents in the mail, usually in a week.

What type of deed is used to purchase a house?

When you purchase a house, you will receive one of four types of deeds: a general warranty deed, special warranty deed, quitclaim deed or special purpose deed, depending on the status of the seller's ownership. A general warranty tells the buyer that the seller states that there are no easements or other claims against the property ...

What is the legal proof of purchase of a house?

When someone purchases a home, her legal proof of purchase is the deed to the house. Different deeds offer different levels of protection to a buyer, so having it handy in case questions arise about ownership is important. If you lose the deed to your house, no problem.

How is a deed different from a title?

A deed is different from a title in that a deed records the sale of property, with the acknowledgment of the seller, while a title just addresses ownership. For example, a title states that one or more people or businesses own a property, but provides no proof of sale. Advertisement.

What are the three documents that are included in a deed?

Advertisement. Deeds contain three documents: the title plan, property register and registered documents. House deeds (also referred to as property deeds) are usually created by an attorney (typically a real estate attorney) representing the seller. A deed is different from a title in that a deed records the sale of property, ...

Where can I get a copy of my deed?

You can obtain a certified copy of the property deed by the county clerk of court or the registry office for a fee determined by the local government. A certified copy holds the same legal clout as the original deed.

What happens if a real estate attorney is involved early in the buying or selling process?

If a real estate attorney is involved early in the buying or selling process, the attorney can review the contract and may be able to prevent some unexpected or negative developments from arising.

What happens if you change your attorney review?

If any part of the contract is changed during the attorney review process, then the attorney review period is extended until all parties agree on the requested changes. If there are no changes during the attorney review period, then the review period is automatically concluded, and the signed contract is binding.

Is attorney review stressful?

The attorney review process can be a stressful period. For example, those who are selling their property may want to keep it on the market until the review period has concluded out of concern that the buyers will back out. On the contrary, buyers who are serious about buying may get concerned during this period that sellers may get ...

What happens if someone raises an issue against your property?

In the event someone suddenly raises an issue against or about your property, you may be able to file a claim with the title insurance company that issued the policy. For example, an old mortgage was never released from land records, and shows up when you go to sell your house.

How long do you have to file a title claim?

There usually are specific time limitations spelled out in the title policy which require you to file the claim within a certain number of days after you learn about the problem. The policy will also explain what is covered and what issues are not insured. Another document you should get at settlement is the survey.

Do you have to give a deed to anyone?

You do not have to give the deed to anyone. If you are concerned about ownership, here are two suggestions: first, go to the office of the recorder of deeds in the jurisdiction where your property is located, and ask to confirm you own the property. A helpful clerk may even be able to provide you with a copy.

Do you need a certified copy of a deed?

Answer: The simple answer is that you do not need a certified copy of your deed. In fact, once the deed to your house is recorded into your names, you really do not even need the deed at all. Typically, when a consumer buys a house, he/she goes to a settlement attorney or title company. The settlement officer has the responsibility ...

Can a clerk provide a copy of a transaction?

A helpful clerk may even be able to provide you with a copy. In fact, many jurisdictions (such as the District of Columbia) have web sites whereby you can search all transactions going back a number of years, and for a nominal charge, print up a copy.

Do you have to keep HUD-1 settlement documents?

These documents are recorded, and then sent back to the settlement attorney. The recorded loan documents are then returned to the mortgage lender and the deed and the title insurance policy is sent to the buyer. It is a good idea to keep all of your settlement documents, especially the HUD-1 settlement statement.

Who is listed on a deed?

Whoever is listed on the deed is an owner. With an asset as large as a home, there’s unfortunately an incentive for criminals to target homeowners with deed fraud. To find out how it happens, what you can do to prevent it from happening to you, and what to do if you or someone you know is a victim of deed fraud, ...

What to do if you are the victim of deed fraud?

If you are the victim of deed fraud, you will first want to have an attorney vacate the deed and any and all liens encumbering the property. Depending on what has occurred since the deed was fraudulently transferred, you may need to sue a number of entities, including the title company, if a title company was used to transfer the deed.

How does deed fraud happen in New York?

How does deed fraud happen? In order to change someone’s name on a deed in New York, one must sign and record the deed and the ACRIS forms at the county register in which the subject property is located (ACRIS is a system specific to New York City, but every municipality will have its equivalent).

What happens if a deed is forged?

If it was a forged deed or a transfer under false pretense, the transfer to the third party and all subsequent deeds are null and void.

What is the new owner of a property?

The new owner of the property is the name of the person appearing on the last deed recorded. The other method used by the perpetrators, and that is more prevalent, is to approach the owner of a property, who might be in some sort of financial distress. The perpetrator would have already researched the property, ...

What is a forged deed for Halle Berry?

Just this week, Halle Berry was the victim of a forged deed that falsely and illegally appeared to give ownership of her house to someone else. The brazen criminal even had the locks changed! If you are wondering what a deed even is, it’s the legal document that shows who owns any particular property. Whoever is listed on the deed is an owner.

What documents would be presented by the perpetrator?

The documents presented by the perpetrator would in fact be the deed and ACRIS forms necessary to transfer ownership . The homeowners would, unknowingly, sign away their rights to the deed. The homeowners would not realize that they signed away their rights and interests and are no longer the owner of that property.