You are talking about two things: Process and conveyance.
Process:
The title must be held by the entity (grantor) making the transfer/sale. As the grantee (you), you need to make certain that the grantor is capable of transfering the rights you are expecting to receive. (yeah, I know it sounds pretty basic but you would be surprised at the number of people that have purchased a valid quit-claim deed to the Brookly Bridge or similiar land). Title and Rights are not always the same.
In general there must be an acknowledged exchange. 'for the sum of one dollar, the receipt of which is hereby acknowledged', 'for love and affection', these are common lines used to acknowledge and exchange.
For property there sometimes also needs to be a token exchange in some states. In California it is 'the key' to the house which is the symbolic trade for that pesky $1.
Ok.. all this is summed up in a GRANT DEED, DEED OF TITLE or (lowest of the low - a Quit Claim Deed). It sounds like you want to receive fee title (you own and control the property as long as you pay (or continue to pay) the mortgage off).
CONVEYANCE:
Is done by written instrument in the United States. The most common is a GRANT DEED but there are other types.
a) Get a blank deed form from any Real Estate office or Title Company
b) Fill out the legal names of the GRANTEE and the name of the GRANTOR as it exists on the current title document. If the GRANTOR is no longer able to sign (death, trusteeship, etc..) then the deed will be made to reflect this. (i.e.: J. SMITH acting in his capacity as Executor for Robert Smith, deceased)
c) Fill in the correct Legal Description for the property.
d) READ the legal description you just filled in.
e) Check the legal description you just read (see note below)
f) Take the document to a Notary public (or bring the notary to the Grantor and document) and the Grantor Signs
g) The notary signs.
h) Take the signed and notarized document to the County offices and record it. (you may have additional work like taxes and such )
thats it..
NOTES:
First off, I do this for a living. That is not to brag but only to give you some background...... Many problems in land boundaries start because the legal description had a problem. This was often made worse, or created, when deeds were re-typed back in the days before xerox and computers. One lost line (an easy thing to happen in deeds that run two pages of really boring text) could go undetected for decades - long after the original parties were deceased. That meant court time to resolve (Quiet Title) the issue(s).
Before you transfer the property you should consult with an attorney and/or an accountant to find the best and cheapest means of doing it. Taking title in some ways may aviod taxes while recording documents in different sequences can completely change ownership.
ok... thats it... or as Sean Connery once said in a movie
'Thus endith the lesson'
2007-02-14 11:19:38
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answer #1
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answered by ca_surveyor 7
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You may do one of two things to transfer property to your name.
#1 Go before a notary, sign a quitclaim deed for each property, and then take the notarized deeds to the county recorder's office to be recorded. This is legal and cost less.
#2. Call a title company from your local telephone book, set up an appointment, go into their office and sign two quit claim deeds in front of their notary, who after the signing will insure that the deeds are recorded at the county recorder's office. This is the best way and could prevent any possible legal problem in the future.
I hope this has been of some use to you, good luck.
"FIGHT ON"
2007-02-14 10:59:17
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answer #2
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answered by Skip 6
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Get a grant deed or warranty deed depending on what state you are in. Fill out the document.. pretty simple. Legal description and how you are taking title, etc and ask the person or persons or entity the title is in now to sign the document and they will need to get it notarized. Then just take it to the county recorder for recordation. There will be a small fee. You can usually get the document at an office supply store or even online. Do not use a quit claim deed unless you are already on title.
2007-02-14 10:58:14
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answer #3
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answered by loandude 4
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It depends. In most cases full transfer requires the payment of excise tax, in which case you might as well do a warranty deed and go through a title company.
If you are simplly taking it out of your wife's name or something simlar and no money is involevd, do a quit claim deed. They're simpler and you can send them directly to the county for recording.
2007-02-14 10:51:24
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answer #4
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answered by Anonymous
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First you have to own it. If you buy from a bank you get the title when you pay it off. If you buy from a person they give it to you when it is paid off and you must have a contract and the proof that you paid for it. The loan must be in your name only...for you to own it outright and in your name alone. If it belongs to a parent they must sign it over through a lawyer and that will be through their lawyer and they will make sure they are legally in their right mind by a Dr. exam to insure they aren't doing it under duress or for any other reason. Why? You should know this if you have paid for a house, I know I would and do know because I am not going to do anything blindly. Know the law and make sure you are being a good person, greed will only come back to haunt you and nothing good will come of it. That is God's law!
2007-02-14 11:00:53
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answer #5
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answered by MISS-MARY 6
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Whoever holds the deed in their name currently would have to sell it or otherwise transfer it to you. Unless you are a real estate expert (which I'm guessing your not since you have to ask this question), you would be wise to use an escrow company to handle the transaction. It will cost you, but is worth the experience you receive.
2007-02-14 10:53:15
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answer #6
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answered by Brian G 6
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What you actually ought to do is discover out if there's a will. If there is no longer, then what you ought to do is provide written consent that you provide up on your rights so some distance because the worried merchandise in pick of your sis. opt to modern some information in the front of a favor to instruct you're the little ones and whatnot. seek for felony council for more desirable distinct practise and practise in court docket.
2016-11-03 11:30:35
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answer #7
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answered by ? 4
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Go through a lawyer or title company.
2007-02-14 10:50:51
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answer #8
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answered by Clown Knows 7
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