Quitclaim and Warranty Deed Questions Archives - Page 9 of 12

Can Two Corporations Take Title to Real Estate Using a Warranty Deed with Survivorship?

March 24, 2010 by Standard Legal

No. Certainly two corporations can jointly own a piece of real estate, and a Quitclaim Deed can be created to reflect joint tenancy once a real estate purchase agreement is formalized. But most states reserve ‘survivorship rights’ for individuals, especially since corporate entities cannot die.

Can a Survivorship Deed List the Name of Only One Spouse?

March 19, 2010 by Standard Legal

The document structure would be incorrect to have just a single name on a deed with survivorship rights, as a Survivorship Deed must name the person to whom the right of survivorship would pass.

If a Deed Does Not Provide Survivorship, What Can I Do to Transfer Property When a Listed Owner Dies?

March 16, 2010 by Standard Legal

If there is no survivorship language detailed in a deed and one of the owning parties in the Deed dies, then the surviving parties may need to open an estate case with the appropriate probate court to permit that court to issue an order transferring the property (since the deceased is no longer able to sign the deed transferring the land).

Can a Divorced Person Sell a Home if the Ex-Spouse’s Name is Still On the Deed?

March 11, 2010 by Standard Legal

Sometimes a person can gain full ownership rights to a home from a Separation Agreement or a Divorce proceeding. But what if the Deed to that home still shows both names of the divorced couple on it, and the newly single owner wishes to sell it?

Can a New Deed Transferring Ownership Be Created if One of the Listed Owners on the Current Deed Has Died?

February 18, 2010 by Standard Legal

Once one of the listed owners on an existing Deed dies, the ability to transfer ownership of the property by creating and executing a new Quitclaim Deed depends upon the format of the existing Deed.

How is the Language Handled if a Deed is Signed on Different Days in Different Locations?

January 29, 2010 by Standard Legal

Sometimes the parties to a Deed cannot meet together on the same day to sign the document; often a Deed is hand-delivered by a third party or mailed between parties.

In such an instance, the date listed within the Deed should reflect the date of the second person making the signing.

Can I Change My Warranty Deed to a Survivorship Deed to Avoid Probate Later?

January 22, 2010 by Standard Legal

Most real estate purchases made with a mortgage in place use a Warranty Deed as a way to protect the interests of both the note holder and property owner. But once a mortgage is paid off and the house is owned free and clear by the property owner, other types of deeds can be used, if the property owner so chooses.

What Legal Documents Should Be Used to Sell a Mobile Home?

December 26, 2019January 8, 2010 by Standard Legal

A written contract should be completed for the sale of a mobile home, but it would not be a real estate agreement: in most cases a mobile home is not tied to land and therefore is considered personal property.

Am I Liable for Mortgage Foreclosure if I’m Only on the Deed?

December 10, 2009 by Standard Legal

Merely owning real estate or property does not automatically cause one to be obligated under the mortgage that encumbers said property. To be liable under the note and mortgage, one must sign the note and grant the mortgage in the property.

How Do I Remove Myself from an Ex-Spouse’s Mortgage Contract?

December 3, 2009 by Standard Legal

On occasion in a pro se Divorce or Separation, one spouse will quitclaim their house to the other spouse as part of the agreement. But many times in this situation, the couple does not adjust the mortgage contract for the property, as doing so can sometimes invalidate the mortgage and/or require a balloon payment on the balance.