which attorney does the deed search in a home sale

Why is a Deed Search Necessary?

While conducting a deed search can be an interesting glance back in time at the past ownership of a property, more importantly, a proper deed search will also shed light on any potential issues regarding ownership of the property. This is especially important when purchasing real estate.

What is the Difference Between a Deed and a Title?

A deed is an actual document that transfers property from one owner to a new owner. The transfer can be for all interests in a property or for part of the interest in a property.

Where are Deeds Kept?

Typically, a recorder of deeds maintains documents such as property deeds and other information associated with real estate. In some jurisdictions, the recorder of deeds is known as the clerk of the court. The recorder of deeds is usually an elected county official that works at the local municipality level.

How is a Deed Search Performed?

Once a real estate deed is recorded it becomes public information. Therefore, recorded deeds must be searchable by anyone with an interest to do so. How a deed search is performed depends on how a municipality stores its recorded deeds. More and more jurisdictions now have online real estate deed searches available.

Who Can Perform a Deed Search?

Since recorded real estate deeds are public information, most anyone can search them. However, if the purpose of the deed search is to confirm that the deeds associated with a particular piece of real estate have a free and clear chain of title, it is a good idea to work with someone that is experienced with conducting such a search.

Should I Call a Real Estate Attorney to Assist Me With My Deed Search?

Purchasing and selling real estate involve major financial commitment and consequences for both the buyer and seller involved in the transaction. It is imperative to make certain the real estate deeds are accurate and without any issues that may arise in the future.

What is a real estate attorney?

Real estate attorneys help oversee home sales, from the moment the contract is signed through the negotiating period (aptly called the “attorney review”) to closing. A seller’s attorney reviews sales contracts, communicates terms in a professional manner and attends closings to prevent mishaps. Selling a home is a complex process ...

Why do you need an attorney for real estate?

An attorney helps you protect your investment and assets while ensuring you’re conducting your side of the transaction legally — which can prevent costly missteps. Real estate attorneys are required in many states, but even if you aren’t legally required to use an attorney while selling, it can be a good idea.

How much does a real estate attorney charge?

How much does a real estate attorney cost? How much you’ll pay for real estate attorney fees depends on your market and how involved they are in the transaction, but they typically charge a flat rate of $800 to $1,200 per transaction. Some attorneys charge hourly, ranging from $150 to $350 per hour.

What to do if you inherited a home?

An attorney can help you navigate the complexities. Estate sale: If you inherited the home you’re selling, hiring an attorney to sort through ownership documents can ease the burden, which is especially helpful when you’re grieving the loss of a family member.

Who is responsible for underwriting title insurance?

Title company: A representative of the title company is responsible for underwriting the title insurance and transferring the clean title of the home to the buyer.

Who hires an inspector to inspect a house?

Inspector: The inspector is hired by the buyer. Their job is to make sure the buyer knows about everything that may need to be repaired on the home. Sellers also sometimes hire an inspector to do a pre-inspection so they can make any necessary repairs before putting the house on the market.

Do you need an attorney for a closing?

In 21 states and the District of Columbia, attorneys are legally required as part of the closing process. Attorney-required states include: As a best practice, if the other party in your transaction has a lawyer representing them and supporting their best interests, you should too.

What documents do closing attorneys need?

The closing attorney is available to explain documents such as a deed, a note, a deed of trust, a settlement statement, disbursement at the end of the transaction and loan documentation required by the lender.

Where is the closing attorney located?

While the closing attorney is typically located in or near the county where the property sits , many actual real estate closings today are handled on one or more sides using overnight mail with payments via ACH or wire.

What is the closing attorney's job?

There are five primary functions handled by the closing attorney during a real estate transaction: Title examination: The buyer and lender will both want a clear title for the property. Without clear title, the sale may become much more complicated.

What is title examination?

The title examination is for the purchaser and the lender to evaluate title to the real estate. The purchaser will need to know whether there are certain restrictions of use, easements, encroachments or whether the title is marketable and clear for the seller to transfer the property to the purchaser. The closing attorney will identify any existing ...

Who prepares a deed for a real estate transaction?

Legal Description. The seller or the seller’s broker will hire an attorney to prepare the real estate deed to ensure that all of the requirements in the creation of a valid deed are met before the seller conveys title to the property. All real estate deeds must be in writing. The deed must contain a formal legal description of the property, ...

What is a deed in real estate?

The real estate deed is the document used to transfer property. It includes the names of the current owners and the new owners, and it also includes a description of the property. The seller’s signature on the deed indicates his intent to transfer title to the buyer.

Why is it important to record a property?

Recording also protects the buyer’s ownership interest in the property, if the seller attempts to transfer title to another buyer. For future inquiries, attorneys and title insurers also depend on properly recorded documents to determine who owns the property and whether any liens are attached to it. References.

What is a title search?

Title Search. Before title is transferred to the buyer, the buyer’s attorney will perform a title search to determine if the seller’s title to the property accurately corresponds with the purchase agreement. A title search also shows the seller can transfer title to property that is free of liens, when the seller uses a warranty deed rather ...

What is consideration in a deed?

The consideration is the amount of the purchase price or some other value given by the buyer.

Where do you record a deed in Texas?

The buyer must record the deed at the recorder’s office in the county where the property is located . This is to provide constructive notice to anyone who claims title to the property in the future and to anyone who records subsequent real estate documents, such as mortgage liens or lease agreements.

Can a title search be done on a quitclaim deed?

A title search also shows the seller can transfer title to property that is free of liens, when the seller uses a warranty deed rather than a quitclaim deed. The buyer’s attorney will order the title report and send copies to the seller’s attorney.

What can a real estate lawyer do for a tax deed?

Your lawyer can also help you record title to a tax deed property and can make sure that the title you own is in fact marketable title.

How can a purchaser of a tax deed prevent the true owner from reclaiming their property?

Generally speaking, a purchaser of a tax deed property can prevent the true owner from reclaiming their tax delinquent property by exercising their right to foreclose on the property in question and to claim ownership.

How to determine if a tax deed is marketable?

To determine whether a tax deed from a tax deed sale has marketable title, the purchaser will need to perform a thorough title search of the property. Once the property is sold at auction, a tax deed title does not come with any warranties regarding the property. Thus, the purchaser must take the property as it currently stands.

How often do you have to advertise a tax deed sale?

Depending on the laws of the county or state, the tax deed sale advertisement must be published every week for at least one month up until the auction. While this information may also be made ...

What is tax deed property?

So, what is a tax deed property? It is simply the property that is sold via a tax deed. It is important not to confuse a tax deed sale with a tax lien. Just remember, a tax deed sale is attached to a tax deed property. A tax lien on the other hand only involves paying back taxes and interests on the property.

What is tax deed sale?

In general, tax deed sales refer to a concept in real property law wherein the deed to a specific property is sold to the highest bidder at a public auction. The tax deed itself is a type of legal document that transfers ownership of the property to a new buyer. The purpose of a tax deed sale is so that the county can recoup the amount ...

How long does it take to retake a tax deed?

In states that do permit the owner to retake title to the tax deed property, they typically must satisfy the following requirements: The owner must exercise their right of redemption within a certain time frame after the sale (typically one year) or at any point before the right to redemption is foreclosed. To claim a right of redemption, the owner ...

What can a real estate attorney do?

A real estate attorney can help you through all of the paperwork required to make the sale. He or she usually comes in after you have determined the selling price and terms of the sale. Even in states where you are not required to hire a lawyer, you may want an attorney to look over the contract.

What to do if you get a foreclosure notice?

It's always best to contact a real estate attorney if you get a foreclosure notice. They may be able to find a way to stop foreclosure through an injunction. You may also want to hire an attorney if you are going through a divorce or separation. The attorney can help you negotiate the sale with an uncooperative partner.

What to do if you sell a rental unit on behalf of a deceased owner?

The last thing that you want is a legal entanglement due to your rental unit. You may also want to hire an attorney if you are selling on behalf of a deceased owner. It's best to talk to a lawyer to ensure that, if the property is inherited, the rightful heir is legally determined.

What to do when selling a house with an uncooperative partner?

The attorney can help you negotiate the sale with an uncooperative partner. An attorney will also be able to you determine what your legal rights are (and those of your spouse) during the selling process. You will also want to contact an attorney if you are selling a property that has tenants.

Why do you need an attorney for a trust?

You will also want to use an attorney to make sure that you are complying with the terms of any trust that may have been established. There may be fiduciary responsibilities for the property that you may not be aware of. An attorney will help you determine what your obligations are for the trust.

What does a partner agent do?

In most cases, a Partner Agent will be able to help you through all of the legal requirements of selling your home, in addition to finding you a large pool of potential home buyers. But spending a few hundred dollars for an attorney to check over all of the fine print in the final deal can be worth it.

Do you have to contact an attorney if you are selling a property?

You will also want to contact an attorney if you are selling a property that has tenants. There are a myriad of local and state laws when it comes to tenants rights. Most have legal requirements that you must meet (and notices that you must provide to tenants) before tenants have to vacate.

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.

What is the record statute?

Virtually all states have what are called "recording statutes." These laws govern who is recognized as owning real property and who has a financial or other interest in it, such as a mortgage or lien. It also governs the order of priority in which the interests should be given: literally, in many cases, whose debts or claims get paid off first if and when the property is sold.

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.

Where can I get a deed?

County and state specific forms can be purchased from deeds.com and office supply stores. They can also be purchased from attorneys or title agencies.

Where do I record a deed to a property?

A real estate deed should be recorded in the office of the county recorder in the county where the property is located. The office of the county recorder may also be called the register of deeds, clerk of courts, office of the judge of probate, or recorder of deeds. If property is located in more than one county, ...

What is a deed in real estate?

A real estate deed is a legal document used to convey real property or an interest in real property from a grantor to a grantee. A real estate deed is an important document in that it affects ownership rights and interest.

What does "executed as a deed" mean?

or "executed as a deed.". It must indicate that the instrument itself conveys an interest in real property to someone. A deed must adequately describe the real property for which the interest is being transferred. The grantor must have the legal capacity to grant the interest, and the grantee must have the legal capacity to receive it.

How to convey property from the owner to the purchaser?

Use a real estate deed to convey property from the owner (grantor) to the purchaser (grantee). To do this, obtain a deed form that is suitable for the state and county where the land is located.

Why do we need a real estate deed?

Real estate deeds are used to facilitate residential and commercial transactions involving real estate. In court proceedings, real estate deeds can be used when property is seized by court officials because of unpaid taxes. One type of deed, a deed of trust, is used as an alternative to a traditional mortgage.

What is needed to sign a deed?

In all fifty states, a deed must be signed and acknowledged by the grantor. Additional signatures may also be required, such as a grantee's signature, witnesses, a notary public, and the document preparer.

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.

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.

Can you transfer a deed without a lawyer?

A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds. If you do so, be sure your deed measures up to your state’s legal regulations, ...