A Word About
Michigan Deeds & Property Transfers
Soble Discusses Deeds & Conveyance Language
Michigan Real Estate And Deeds
A deed (“an evidence”) is any legal instrument in writing which conveys, passes, affirms or confirms an interest, right, or property and that is signed, attested, delivered, and in Michigan notarized or sealed. Deeds are documents showing ownership, as well as rights, obligations, on property.
In the transfer of real estate, a deed conveys ownership from the old owner (the grantor) to the new owner (the grantee), and can include various warranties. The grantor may give a general warranty of title against any claims, (a
warranty deed) or the warranty may be limited to only claims which occurred after the grantor obtained the real estate (a covenant deed or special warranty deed). While a general warranty deed was normally used for residential real estate sales and transfers, special warranty deeds are becoming more commonly used in commercial transactions. A conveyance without any grantor warranties is called a quit claim deed and is used to correct a title defect or in a conveyance between family members or business partners. Using the wrong deed or completing a deed incorrectly has far reaching legal consequences and creates legal problems.
Recording a deed is an important part of the real estate conveyance transaction. To be effective against any third party claim to a Michigan property, a deed must recorded so it can be in “the chain of title.” If it not connected to the chain of title of the property, is called a wild deed. A wild deed does not provide constructive notice to later purchasers of the property, because subsequent purchasers cannot reasonably be expected to locate the deed while investigating the chain of title to the property. Wild deeds give rise to quiet title actions. (see Quiet Title Action) . Signed land contracts are legally binding and can contain many different forms of agreements. When all payments have been made the buyer will be deeded the property.
Why Quit Claim Deeds Are Like
It seems like every month, I receive more than a handful of calls concerning quit claim deed forms. Usually the callers are not looking to me to obtain the legal forms – they can be easily downloaded online. No, instead, they are usually calling me for legal advice on how to “reverse” or “undo” the real estate transaction that they’ve created – and what has been created is usually a real legal mess.
Quit claim deeds “gone bad” are like an unsightly or embarrassing tattoo. Reversing the transaction can be painful and expensive and involves a healthy dose of regret.
The “Lowly” Quit Claim Deed
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.
Why Clients Choose To Work With David Soble
Former Big Bank “Insider
Since 1990, David has protected the legal and business interests of large national lenders, investors, property owners, and real estate firms. He knows the “business” of real estate like few others.
Over 25+ Years of Experience
David doesn’t just “talk the talk.” He “walks the talk” having years of practical experience resolving complex real estate issues.
A large part of resolving issues is knowing where and who to go to. Over the years, David has cultivated an extensive and effective network of real estate and lending colleagues – that get results.
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David has a solid reputation for no-nonsense problem solving and for offering innovative and effective legal and business solutions that reduce one’s financial risks and legal exposure. In short, David saves his clients money and heart ache.
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