If you decide to change a deed without a lawyer, you should proceed with caution. By transferring or amending a deed, you are legally changing real estate specifications pertaining to a piece of property. If done wrong, a deed transfer or amendment could become a costly mistake. It’s important to understand the legal basics related to real property ownership before you change or amend one.
Producing A Deed
Anytime that a business entity or person acquires an interest in a portion of a physical property, a deed is created, transferred or amended. In the United States, if you need to locate a deed, you must visit the Recorder of Deeds office. This will be located in the same jurisdiction where the property is located. Typically, you’ll find it at the County Clerk’s office. If you are obtaining a deed, you will need the full name on the deed, the location of the property and year of purchase.
Reasons For Making Changes To A Deed
There are several common reasons why you may need to make minor changes to a deed. Here are some of the following:
– Purchasing a home
– Selling a home
– Newly married
– Getting a divorce
– Mortgage refinance
– Gifting your home
– Transferring ownership
– Executing a will
Warranty And Quitclaim Deeds
Two of the most common types of deeds are Warranty deeds and quitclaim deeds. A quitclaim deed is utilized when you need to transfer an interest in the physical property from one person to another. On this type of deed, it will list the name of the person who is handing over their claim and the name of the person who is accepting ownership. These individuals have specific roles in the process — acting as grantor and grantee. You would use a quitclaim deed for property that is not involved in a sale.
A warranty deed lists the seller. It indicates that they are transferring title to another individual and that the seller owns the piece of property free and clear without any liens. Typically, a warranty deed will be used when a piece of property is sold. It shows that the grantor is the rightful owner of the property and that they have the right to transfer the title.
What Can Go Wrong
One of the problems with changing a deed without a lawyer is that the information listed on a deed could be out of date or inaccurate. Common inaccuracies include incorrect legal descriptions of property lines or wrong names of people. People’s names sometimes get recorded wrong if they have changed their last name after getting married or divorced.
With a quitclaim deed, there is a lower level of protection. It is basically used to transfer property and doesn’t include any protection from a title insurance company.
Changing Or Transferring A Deed
To change or transfer a deed without a lawyer, obtain a certified copy and review the information. After checking for accuracy, use a deed form that allows you to fill in the blanks. This can be accessed online or at a local office supply shop. Fill in the deed by listing the grantor and grantee and the property’s legal description. Take the unsigned deed to the County recorder’s office. A County Clerk can witness the grantor and grantee’s signatures by acting as a notary public. The deed will become official once it has been signed by both parties.
Jim Treebold is a North Carolina based writer. He lives by the mantra of “Learn 1 new thing each day”! Jim loves to write, read, pedal around on his electric bike and dream of big things. Drop him a line if you like his writing, he loves hearing from his readers!