Navigating Property Ownership: Understanding the House Deed Process

Susan Kelly Updated on Jun 06, 2023

Regarding real estate schooling, a lot of information talks about how essential house papers, property titles, and other legal proofs of ownership are. There is also a lot of back-and-forths talk about the different deeds, how they work, and which ones give buyers the most security. But once you finally have the title to your home, it can be hard to know what to do next. Getting a copy of your lease is important because it shows the names of the people officially allowed to own your land.

What is the Deed to a House?A deed is a formal record that says who owns a particular piece of land or other real estate. It is also a method that can change who owns something from one person to another. When a house is sold, a copy of the deed is often given to the new owners as part of transferring control. This piece will discuss different ways to find the deed to your house if you have lost it or need to know the owner.Writing a home mortgage can be a simple and easy process in many situations. Even after one homeowner sells their property to another homeowner, both people still own the same amount of the house. But there are times when the things going on might become confusing and hard to understand. Sometimes the contract needs to be corrected, or more than one owner owns the same amount of land. In either case, there may be more than one claim on the land. Also, there is a chance that other people will try to claim the property, for example, if there is a tax disagreement or a sale. Step by Step Guide to Get a Property Deed:You might be asked for a property lease as part of the real estate deal you are currently working on. This thorough and easy-to-follow guide explains every step needed to get a claim to a piece of actual land.Step 1: Get a Deed Form:You can get a property lease form from the county clerk's office, law library, or office supply shop. You can shift absolute land ownership using either a grant deed or a quitclaim deed.Step 2: Legally Describe the Property:People often mix up a person's physical place and formal name, both essential parts of their lives. But that's not what's going on here. Your land's formal description will tell you things like the lot number, the property lines, and whether or not there are any easements. You can call the local appraisal district or look at the tax bills sent to the property to find the correct legal description.Step 3: Identify the Parties Involved:The person who gives the gift and the person who gets it are both parties to the gift. According to the deed, please write their names in the right places. This time, "the grantor" and "the grantee" refer to the owner of the property (the grantor) and the buyer (or other recipient) of the transfer, respectively.Step 4: Date and Signature:A public official will need to sign off on your name first. Both sides have to sign the deal. The paper cannot be legally binding without the grantor's name on the property. In some places, you will need the name of a witness and your own. The current date must be added to the paper in some way, according to the rules.Step 5: File the Property Deed:Take the property to the county recorder's office to get proof that it was signed. Check if the Preliminary Change of Ownership form is linked to the application you just sent in. After the recording, you'll get an email with a copy of the paper for your notes. Once a title has been written and filed, anyone interested can look at it.

Types of Property Deeds:Different kinds of papers can be used for small pieces of land. There are some steps to learning how to get a property deed. The first and most crucial step is learning about the different property deeds.The kind of title guarantee the property owner offers is another thing that can be used to sort property papers. Here are some examples of the many different kinds of property deeds that are included in this category:General Warranty Deed:This type of lease gives the most safety to both the buyer and the person who gets the property. In a general warranty deed, the grantors must make legally binding agreements, often called covenants. This is to protect the receiver from any possible legal problems in the future.Unless the deed says otherwise, a general warranty deed will always include the following covenants: a covenant of seisin, which confirms the grantor's authority to transfer the property; a covenant of quiet enjoyment; a covenant against encumbrances, which proves the property is debt-free; and a covenant of further assurance, which confirms the grantor's promise to deliver any document needed to tie up any loose ends.Special Warranty Deed:The special guarantee property deed gives the client a different level of safety than they could get from other choices. The person who gives a particular guarantee document only has to ensure they own the property. They are not responsible for any problems with the property. This is one thing that makes extraordinary warranty deeds different from regular warranty deeds. In the general promise contract, on the other hand, the owner has to say several things.Even though the general warranty deed gives the buyer less protection than the special one, it is often chosen over the special one.Quitclaim Deed:This gives the people who get the money the barest amount of security that can be given. A "quitclaim deed," another name for a "non-warranty deed," is used when owners want to give up their only interest in real property. It doesn't make any claims or promises about the property's ownership in any way.It is common for a quitclaim to be used as the transfer method when the author doubts the title's validity. The quitclaim or the general promise deed can be used instead of the other if the title has no problems. On the other hand, if the donor makes a mistake, the receiver has no formal way to get back at them.Special Purpose Deed:At the end of this piece, a particular purpose contract will be looked at as a type of property transfer. This document is often used in court, especially when the donor does something for the government. In the same way that quitclaims deeds don't protect the grantee, extraordinary purpose deeds don't protect the grantee either. Extraordinary purpose deeds include deeds given as gifts, deeds used to pay taxes, deeds used by managers and executors, and deeds used by sheriffs.Conclusion:When buying or selling real estate, both parties must always keep the property deed in their possession during the transaction. You may have just gotten a property transfer or want to buy a piece of land, but you might need help knowing where to start looking for a property deed.ContractsCounsel has a marketplace where you can post a job and get bids from real estate lawyers who know how to do property deeds. Before we suggest hiring an attorney, we ensure that our staff has done a full background check on them and has gotten good feedback from past clients.