Deeds & Conveyances
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Deeds
Deeds are the documents that legally transfer property interests. There are a few types of deeds that convey title, depending upon your jurisdiction. Among them are: (1) Warranty, (2) Covenant (3) Trustees, (4) Ladybird, (5) Sheriff, and (6) Quit Claim. This list is not exhaustive, but suffice to say, each type of deed has its own purpose, conveying different ‘guarantees’ of ownership to a grantee. But only the “lowly” quit claim deed comes without grantor representations or warranties. In essence, a grantor of a quit claim deed basically says to the grantee, “I may own this property, but I can’t guarantee you that someone else doesn’t have a better claim to it. Oh, and by the way, if someone else does have a more superior interest or claim to the property that I am deeding to you here, don’t expect me to do anything to help in defending your rights to the property.” As a legal document it sounds pretty useless doesn’t it? Yet, with the proper legal guidance and due diligence, a quit claim deed can be an effective transfer instrument.
With access to online legal forms readily accessible to the general public, it is easy to access deed forms. But it is also easy to forget that with these legal documents comes “great responsibility.” “Practicing” law without the requisite knowledge can and very often does have legal and financial consequences.
Give us a call today to discuss what you are trying to accomplish with your deed. Call us before you sign any conveyance instrument.
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Videos
A Word About Deeds and Conveyances
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FAQs
Frequently Asked Questions
Top Deed Questions
Do you have other questions about deeds and conveyances? Give us a call today!
Can I use a quit claim deed to transfer a property if there are back taxes owed on it? I don't want to pay the back taxes at this time?
Yes. Generally, a quit claim deed can be executed and recorded without having to pay back property taxes. This is different than issuing a warranty deed, where the county register of deeds will require all property taxes to be paid current before recording.
Which is the best way to have property transferred, a quit claim deed or warranty deed?
It depends on what type of warranties and assurances you wish to receive from the seller and what representations you wish to make to the buyer. You should first have a property title search reviewed by a competent real estate attorney as this definitely helps in your decision.
I am a co-owner of a property. How can I make the co-owner sell the house since I don't want to pay for the repairs at the home anymore?
If you have a half interest in a home as tenants in common with another owner, you can sell your interest without the other owner’s permission. Or you can also file a partition action that requests that the court to order that the home be sold and that the sales proceeds be split in accordance with your legal interest.
My fiancé and I bought a house together. He is on the mortgage, but we both are on deed. Can he remove me from the deed without consent?
The only way you can be removed from the deed is either with a court order or by your own endorsement.
My mom is elderly and wants to put my name on the deed to her house that is paid off. Should we hire an attorney for this?
First, how does the deed list your mother’s interest? Is this a Quit Claim Deed? A Warranty Deed? A Covenant Deed? A Ladybird Deed? Second, does she want you to hold it Jointly with Rights of Full Survivorship or as Tenants in Common? If you don’t draft deeds on a regular basis, it is probably best to use a real estate attorney to properly convey title to a property. That way you know it is done right and there are no far reaching legal or tax consequences.
My boyfriend and I are buying a property together. We are going to both be on the deed. How can I protect my finances if I am paying for most of the purchase price? What if we split up?
In the event of a break up, it’s important to have an agreement at the onset that addresses how the parties will split sales proceeds or specifies when a property is to be sold or refinanced. Real estate attorneys create these agreements in advance BEFORE you sign a deed or purchase a property.
Articles About Deeds
Read our most recent articles on this topic
Race, Notice and Delivery – The Importance of Filing Your Real Estate Deed
The Meaning of "Race Notice" Michigan is a race notice state. When there are conflicting claims of interest in a property, the party who has recorded their interest first can claim rightful ownership provided that other requirements of the state's recording statutes are met. Essentially, parties in interest must “win…
Deed Correction: What to Do When A Deed Contains Mistakes
Sometimes, not everything in life goes as planned. This is never more true than when it involves real estate and the law. At times, when drafting real estate documents, such as a deed, a mistake can happen despite the drafter’s best efforts. It is not uncommon for a deed to contain…
How to Record Deeds and Real Estate Documents in Michigan
Perhaps you have experienced your own frustration with your county’s recording office before. You read through all the necessary requirements for recording a deed or other real estate instrument with your county recording office, only to have it rejected and returned back to you days or even weeks later. It…
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Steve G, Lathrup Village, MI
I came to David Soble with an honest question; "Do I have a case?" Not only did he speak with me personally, he took time to quickly review the details of my situation. No other attorney would talk with us without a retainer. Even though he determined we did not have a case, he took the time to show us he cared! Thank you David.
Jane Blackmon
Mr. Soble is a true professional, who is very dedicated to his clients. I've been working with him for a couple of years now, and it has been a pleasure. He is very attentive to his clients' needs, and his knowledge of his field of expertise is impressive. In today's day and age it's frustrating to have to wait days for a response. That's never the case with Mr. Soble. I've always gotten a reply very quickly.
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Oak Park, MI
I needed an attorney and found Soble Law (proven resource) online. I took that leap of faith and called. It was a good decision! David responded quickly, was very professional, easy to talk to, and handled my mortgage issue . David told me what to expect and even did a follow up to see if I had any more questions. There is no doubt that I would use David Soble law again, and would refer others as well.
Deborah Watkins
"l was a client of Mr. Soble and he was very pleasant to work with and he took my case right away. He took time to answer all the questions and concerns that l had. When l called him, he got back to me that same day. We settled on an offer, and then received our check in a timely matter. l recommend the Soble Law firm for all your real estate needs because they take care of business."
Lisa S., Southgate, MI
The balance for one of my credit cards was over $14,000. In less than one week David and his staff were able to negotiate a new balance for less than $4000. We saved over $10,000. This was for just on one of our cards. I have to admit that my husband and I were skeptical at first, but they delivered. I now understand why the meaning behind the name. David and his staff are truly a Proven Resource!
J. James
"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."
Dino Lembesis, S. Lyon, MI
-Financial Adviser, Brighton, MI
I am very happy I contacted David. I felt at ease as soon as I contacted him about my situation. The seller did not want to return my deposit after after a failed inspection and many other things. David got right on it and I got my full deposit back. 🙂 David was very responsive (he always replied to my emails within a few hours or even minutes). I would recommend him to anyone. Thanks again David.
Steve G, Lathrup Village, MI
I came to David Soble with an honest question; "Do I have a case?" Not only did he speak with me personally, he took time to quickly review the details of my situation. No other attorney would talk with us without a retainer. Even though he determined we did not have a case, he took the time to show us he cared! Thank you David.
Jane Blackmon
Mr. Soble is a true professional, who is very dedicated to his clients. I've been working with him for a couple of years now, and it has been a pleasure. He is very attentive to his clients' needs, and his knowledge of his field of expertise is impressive. In today's day and age it's frustrating to have to wait days for a response. That's never the case with Mr. Soble. I've always gotten a reply very quickly.
S. Volgyi (Emes Home Inspections)
Oak Park, MI
I needed an attorney and found Soble Law (proven resource) online. I took that leap of faith and called. It was a good decision! David responded quickly, was very professional, easy to talk to, and handled my mortgage issue . David told me what to expect and even did a follow up to see if I had any more questions. There is no doubt that I would use David Soble law again, and would refer others as well.
Deborah Watkins
"l was a client of Mr. Soble and he was very pleasant to work with and he took my case right away. He took time to answer all the questions and concerns that l had. When l called him, he got back to me that same day. We settled on an offer, and then received our check in a timely matter. l recommend the Soble Law firm for all your real estate needs because they take care of business."
Lisa S., Southgate, MI
The balance for one of my credit cards was over $14,000. In less than one week David and his staff were able to negotiate a new balance for less than $4000. We saved over $10,000. This was for just on one of our cards. I have to admit that my husband and I were skeptical at first, but they delivered. I now understand why the meaning behind the name. David and his staff are truly a Proven Resource!
J. James
"Attorney David Soble lives up to his firm's namesake, "Proven Resource." I appreciate knowing that when my clients need a diligent and responsive real estate or contracts attorney, I can easily make the referral to David, David is well worth having on your side."
Dino Lembesis, S. Lyon, MI
-Financial Adviser, Brighton, MI
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