Questions and Professional Answers

• Warranty Deed Lists property line incorrectly

  We have a Warranty deed that mirrors the original deed issued to the previous owners on Dec 8, 1975. Looking into it I have found another deed (Aug 1, 1988) that modifies the deed. The first deed lists a right of way and the 2nd does not. Which deed takes precedence? If the second deed does do I have recourse to recoup the cost that I will now incur cutting a access to the back part of my property.

  • Re: Warranty Deed Lists property line incorrectly

    I would have to actually see the language of the deeds to really know what your question means, but theoretically, if party A deeds a lot to party B and reserves to A a r/w in 1975, then in 1988 party A releases the r/w to B the second deed would mean that there is no r/w any more. That also is true if party A deeds to B a lot and a r/w over A, but B later releases it back to A so B has to have other access to its lot.As to recouping costs, you could approach the grantor of the deed to you for the misrepresentation sinc the r/w was part of the deal, but if you had done a proper title search before taking title the issue would have been noticed, so a compromise would be in order.

    Jerome Gamache
    Ainsworth Thelin & Raftice, P.A.
    P.O. Box 2412
    South Portland, ME 04116

• Deed Form question

  I would like to add my name to a deed the original deed was created using FORM 8007: Bargain and Sale Deed with Covenant against Grantor Acts ( Individual or Corporation) Is there a particualar reason why this Deed was used and stated must be used by a lawyer. If I want to add my name to the deed myself do I have to use the same type of Deed Form? Should I use another type?

  • Re: Deed Form question

    The owner of the real property would add your name to the deed, since the deed must be signed by the owner.There are many form bargain and sale deeds available and no requirement that you use any particular document. However, the acknowledgment must comply with NY Real Property Law.Mike.

    Michael Markowitz
    Michael A. Markowitz, PC
    1553 Broadway
    Hewlett, NY 11557

• What deed do I need to use?

  My sister, brother, and I own a small parcel of land. (all of our names are on the deed) Now we would like to devide the land up. I have already had my acre surveyed and now I would like to get it put into the court house and receive a deed.The register of deeds says I can do a deed myself. Do I need to have a deed? If so what kind of deed do I need to make, and where can I find a template or form to go by?

  • Re: What deed do I need to use?

    You honestly should hire an attorney in your area to prepare the deed. This is not an area of law you want to attempt to practice. First you didn't give enough facts. If this really that uncomplicated, then you could probably find an attorney who will charge $100 or less to do it. If this turns out to be more complicated than you think, at least you will receive some advice rather than make it even more difficult in the future when you want to sell the land.

    Jeff Rosner
    Rosner Law Firm P.A.
    5858 Faringdon Place
    Raleigh, NC 27609

• Which deed for married couple

  My wife and I bought a home 3 years ago. Due to credit issues, the loan was acquired by my wife. All paper work is under her name---loan, deed, etc. We asked the realtor to add me into the deed. The realtor stated that we would need a quitclaim deed. She set one up, we signed it, and it was recored by the county. Now I found out that the quitclaim deed, does not add me into the deed. It removes me from any claim to the property. If my wife dies, it goes into probate. How do I get my name into the title? Do need a warranty deed, warranty deed with rights to survivorship, or a joint tenancy deed?Thank you.

  • Re: Which deed for married couple

    Sounds like you made a mess there. I would need to see all documents and my feeling is that you will want to create a trust and hold the property as well as all other major assets by and through the trust. You may contact me by phone or email.

    Christopher M. Brainard, Esq.
    Law Offices of Christopher M. Brainard -- (310) 266-4115
    468 North Camden Drive, 2nd Floor
    Beverly Hills, CA 90210

  • Re: Which deed for married couple

    What you describe is not unusal; obviously, your credit was so bad, possibly you had a bankruptcy or something, that were you to be a purchaser, you would not get a loan, or only get one with higher credit; so, in order for a married woman (or man) to get a loan SOLELY in their name, the lender would have required a quit claim deed from the other spouse--you--before funding. Now that the loan is funded, if you want to be on title also, all that needs to be done is for your wife to execute a quit claim to herself AND YOU, as community property with rights of survivorship or as joint tenants--then you record it--not a big deal. Note, however, if the reason you were not to go on title was because you have judgment liens, tax liens, etc., once you are on title, those liens will attach to the property.

    Judith Deming
    Deming & Associates
    5334 E. Chapman Avenue, Suite 100
    Orange, CA 932869

  • Re: Which deed for married couple

    I think the lesson here is to read and understand any legal documents you're handed before signing them.Under the present state of affairs, you probably have a small interest in the house as a result of community funds being used to pay the principal portion of the mortgage subsequent to quitclaiming away your interest, if any, at the time of that deed (this wouldn't be so if it's an interest-only loan or if the payments are being made from you wife's separate property).Your last sentence regarding type of deed shows confusion between type of deed and method of holding title. The two basic types of deeds are quitclaim deeds and warranty (or grant) deeds. Either type can be used to convey an interest in real property that will be held by two grantees as community property, community property with right of survivorship, joint tenants, or tenants in common.Since both of you probably have an interest in the house, but the relative shares would be difficult to determine, I suggest that you use a quitclaim deed form, and that both of you grant your current interests to yourselves as either (1) community property or (2) community property with right of survivorship. (You could also take title as joint tenants or as equal tenants in common, but either would be unusual and you'd need a good reason for doing so.)The choice between (1) and (2) may depend upon whether either of you has children by a previous marriage or for any other reason wants his or her interest to be separately will-able upon the death of the other, or whether the community interest should simply pass to the survivor of you.Interspousal deeds are usually tax-neutral, but there is a possibility of violating a provision of your loan agreement, such as a due-on-sale clause. So, read the loan agreement. Also, filling out the deed form correctly and having it recorded properly may call for professional assistance -- if you don't use a lawyer, I'd suggest an escrow or title company, or perhaps an experienced real-estate broker.Finally, as one of the previous answers suggests, this may be a good time to see a financial or estate planning attorney to see if a trust arrangement would be desirable. If you are both young and in good health, that may not be necessary.

    Bryan Whipple
    Bryan R. R. Whipple, Attorney at Law
    P O Box 318
    Tomales, CA 94971-0318

• A special warranty deed

  Opal conveys three acres of wetlands to Pristine Plaves.Inc., with a deed that warrants only that Opal held good title during her ownership of the property. The deed isa. a grant deed.b. a quitclaim deed.c. a special warranty deed.d. a warranty deed.

• how to remove my name from a deed

  I would like some information about removing my name from the deed to my late father's house. Presently the names on the deed are my stepmother, my sister and me. The deed has not been transferred, so the property may not be sold by any of us at this time.Iwouldlike to give up my rights. Would a quit claim deed apply here?

  • Re: how to remove my name from a deed

    You may sign a deed releasing all interest in the property. However, not enough information is provided to properly advise you. You mention your father's death and do not provide any information as to value of the property. Both of these factors are important to evaluate what action you should take. If I can be of any assistance please let me know. Gerald Hershenson Esq. 215-579-9390

    Gerald Hershenson
    Law Office of Gerald M. Hershenson
    309 Floral Vale Blvd
    Yardley, PA 19067

  • Re: how to remove my name from a deed

    It sounds as if you, your stepmother and your sister already had/ or have legal title to the house, without regard to your father's estate.If there is no mortgage on the house from the three of you, you may give up your interest in the house by signing a quit claim deed, naming your stepmother and sister as the people to whom you are giving that interest.If there is such a mortgage, you may want to obtain the mortgage holder's written consent, because transfer by a person whose credit was the basis for the mortgage loan would probably be a violation of the mortgage terms and could trigger a foreclosure.If the house is still legally titled in your father or his estate, you may "renounce" your interest. If the estate has not been administered, there should also be an accounting and a family settlement agreement, assuming that the heirs are all in agreement.You may wish to consult with an estates and real estate attorney near you or in the county where your father resided at the time of his death.You have not articulated your reason for doing this, and you should also explore that with an attorney who can advise you about the means of achieving your goals.

    Miriam Jacobson
    Law Offices of Miriam N. Jacobson
    1900 JFK Blvd. Suite 1519
    Philadelphia, PA 19103-1431

• Names to put on a mortgage deed

  I have been asked to offer someone a loan secured by a mtg deed. This would be a secondary mtg. Do I have to name just the person I am giving the loan to on the mtg deed, or if the spouse is on the 1st mtg deed, do they need to be named on the 2nd mtg deed that I am supplying? Thanks.

  • Re: Names to put on a mortgage deed

    You need both names

    John Heffernan
    Heffernan & Farr, LLP
    650 Farmington Ave.
    Hartford, CT 06105

• Granting of Deed

  My friend and her spouse purchased a home they paid for the home but before they got a deed he died intestate. She wants a deed to her home but they say they cannot give her one... she understands she cannot get one with just her name but can't they give her a deed with both his and her name on the deed? He had grown children by 1at wife and one minor grandchild that she and he adopted together. She is not trying to sell the property just wants a deed. What can she do.

  • Re: Granting of Deed

    I'm unclear from the description of the problem as to the status of the property. If I understand this correctly, your friend died before the seller could issue a deed to both him and his wife? If that's the case, and the seller still refuses, then the wife can set up an administration of the husband's estate, sue the seller for breach of contract, and proceed from there.

    David Leon
    David L. Leon, P.C.
    3500 Oak Lawn Ave., Ste. 205
    Dallas, TX 75219

• deed by will

  I inherited treed land in VA. There is no recorded deed; only a recorded will. I plan to sell the property. Do I need a deed and how do I get one? The Records office said I don't need one as I have a deed by will but a prospective buyer has questioned the lack of a deed with a legal description.

  • Re: deed by will

    If the will is recorded (and assuming the deceased had good title), you have good title. Title can be conveyed by deed, by death intestate (recorded by filing a declaration of heirs), by will, by court order, and I'm sure by other means I can't think of right now. A deed is just one way title passes. Your buyer should ask the lawyer doing the closing on the transaction (or his own lawyer if it's a non-lawyer settlement company doing the closing, since it can't give legal advice) to confirm that title is good, and should buy an owner's title insurance policy just to be sure (buyer cannot and should not rely on the lender's title policy, which does not insure him).

    Daniel Press
    Chung & Press, P.C.
    6718 Whittier Ave., Suite 200
    Mclean, VA 22101

• Ladybird Deed

  With regard to a Ladybird deed, what would be the name referenced on the actual deed, a ''Warranty Deed'' or an ''Enhanced Life Estate Deed?'' I've seen it called both and I would like to know the difference(s), if any. Also, is one preferred over the other? Thank you.

  • Re: Ladybird Deed

    It is a quitclaim deed.If you email me thru my website I have a 2 page document on what it is and advantages and disadvantages.Don

    Don Rosenberg
    Barron, Rosenberg, Mayoras & Mayoras, P. C.
    1301 W. Long Lake Road, Ste 340
    Troy, MI 48098