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Whether you’re selling a home or bequeathing a gift to a family member, the deed is among the most important documents in any real estate transaction. This document formally transfers ownership of the property from one party to another, providing assurances against competing claims and other encumbrances. Because deeds must contain certain information and some specific language, it’s usually best to leave deed preparation to an experienced real estate attorney.

A Brief Overview of Deed Preparation

Different Types of Deeds

deed preparationThere are various types of deeds, each suitable for different property transfers. The two most common are the warranty deed, which makes guarantees that there are no liens or other issues with the title and a quitclaim deed. Unlike warranty deeds, quitclaim deeds don’t make assurances that the title is clear and don’t even guarantee that the grantor owns the property. Because they only release any interest a grantor may have in a piece of real estate, quitclaim deeds are usually used to transfer property to a friend or relative.

Information the Deed Must Contain

While rules vary according to state law, deeds in any jurisdiction must contain identifying information about both the grantor and the grantee as well as any legal aliases or names they might have formerly used. You may also need to contact the county records office to get a legal description of the property.

The Title Search

If the transfer is due to a real estate sale, the lender may require a title search to ensure that there are no liens on the property or competing claims. During a title search, a deed preparation professional will go through public records and other documents to ensure that the title is clean and the grantor has sole interest in the property.

Preparing the Document

Some states stipulate only that the deed must be in writing, while others require certain formatting and specific information. In North Carolina, for example, deed preparation must follow the state guidelines for legal documents, and documents must be filed with the register of the county in which the property is located.
 

Deed preparation is a complex process, requiring an understanding of the system and in-depth legal expertise. With over 65 years of combined legal experience, the attorneys at Cecil & Cecil PA have provided high-quality service and accurate results to property owners throughout the High Point area. Visit their website for more on their deed preparation and other real estate services, or call (336) 883-8383 to schedule a free consultation with a knowledgeable local attorney.

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