Warranty Deed or Title Transfer? The Same? HUH?!

Guest

Okay, I've already had one question answered. We're going to do a warranty deed to have my husband's grandmother's house placed in our name. We know that it has to be done by an attorney. We're going to do that, but do we also need a title deed or something, or will the title be in our name with the warranty deed? I'm confused now.

jameshogg · Posted: Thu Dec 11, 2008 11:07 pm Post subject:

Hi SouthernBelle,

A deed is a legal document which is signed, sealed and delivered to make a transfer of the property and to show the legal right to possess it. A warranty deed will help you in transferring the title of the property from your grandmother's name to both of yours name. You will have to fill out the warranty deed for which you have said that you will be hiring an attorney and then you need to notarize it and record it at the county recorder's office.

Thanks

Guest

But do WE need to do anything else to have the title placed in our names? Besides having it recorded at the clerk's office?

Niicss · Posted: Fri Dec 12, 2008 3:37 am Post subject:

Hi SouthernBelle

You need to fill out the deed properly and then record it at the clerk's office. I don't think you will need to do anything else.

Thanks.

Guest

SouthernBelle:

Usually, these type of transfers are accomplished with the recording of a properly prepared and notarized QuitClaim Deed, instead of a Warranty Deed, but either will work. Depending upon what state you are in, it is usually NOT required that an attorney prepare the deed, but it's usually best to be assured it is done correctly. You may want to consider a local Title Company, which may be a little less expensive. Also, it will save you some money if you take to the attorney, or Title Company, a copy of the most current deed to the property showing where and when it was recorded. If you don't have this deed, or a copy of it, whoever prepares your new deed may want to have a title search conducted to get the names of the proper owners, and a legal description of the property. This QuitClaim Deed, after it is recorded in the correct register of deeds for where the property is situated, is all you need to transfer the title from your husband's grandma to the two of you. If anything else is required, the title company will be able to tell you what you need, depending on your state or local laws.

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