Frequently Asked Questions
WHAT IS THE PRICE TO PREPARE A DEED?
The fee for preparing a deed for you is $195. This fee does not include the county recording fee or document tax.
HOW DO I REMOVE OR ADD A NAME TO THE DEED OF MY PROPERTY?
To change a deed, a new document must be prepared and recorded. Once the new document is prepared, it is ready to be appropriately signed and notarized according to the requirements in the county where the property is located. Once signed and notarized, the document is ready to be recorded.
WHAT DO I NEED TO HAVE IN ORDER TO TRANSFER PROPERTY?
In most cases, you need three things to transfer property title. 1. The name of the current owner (this is the grantor). 2. The name of the new owner (this is the grantee). 3. The address or legal description of the property. A statement of purchase price [the consideration] should be included if there is one. Or it can be a gift.
WHERE DO I RECORD THE DEED?
After the deed has been signed and notarized, the original needs to be filed with the county recording clerk for the county in which the property is located. Only original documents can be recorded. There is a recording fee.
MY SPOUSE IS DECEASED. HOW DO I TAKE THEIR NAME OFF OF THE TITLE (DEED)?
If the property is owned by spouses jointly with right of survivorship, when one spouse dies, a death certificate can be recorded to clear the title. By recording the death certificate, the remaining spouse becomes the sole owner of the property. You may need an Affidavit of Heirship or a probated will.
HOW LONG DOES IT TAKE TO RECEIVE MY RECORDED DOCUMENT?
Typically documents are recorded according to state requirements upon receipt. Once they are recorded, they must be indexed, verified and scanned to appear on public records. In many counties, you may be able to do this in person at the public records office. You may have your document the same day. Alternatively, you can mail your document to the recording office. Once the document appears on the public record, it is returned to you in the mail. The time frame varies in each county but it usually takes approximately 7 to 10 days.
ARE THERE SEPARATE DEEDS TO THE HOUSE AND THE PROPERTY?
No. The deed for the house is the also the deed for the lot. If there is a mobile home on the property, the mobile home may have a separate title.
CAN AN AGENT FOR THE PROPERTY SIGN THE DEED?
The only person who can sign the deed is the owner of the property or a person with a properly signed Power of Attorney for the owner. If the owner is a business, an officer of that business can sign as an agent.
WHAT METHOD OF PAYMENT IS ACCEPTABLE TO PAY FOR MY RECORDING?
Most recording offices accept cash, certified check or a money order. Most recording offices do not accept personal checks. It is advisable to call ahead or check online to confirm the method of payment accepted to pay for your recording.
HOW MUCH DOES IT COST TO RECORD MY DEED?
Prices vary from county to county. Generally, the cost to record a deed runs from $10 to $30. It is advisable to call ahead or check online to confirm the cost to record your deed.
CAN I RECORD MY DEED IN PERSON OR CAN I MAIL IT?
Generally, documents can be recorded in person or by mail. Some clerks require a self-addressed envelope along with your deed if you mail it. Properly signed and notarized documents can be recorded by anyone you choose.
HOW DO I REMOVE MY EX-HUSBAND OR EX-WIFE FROM THE TITLE (DEED)?
One party may acquire the home that was jointly owned in a divorce settlement. The other party may use a warranty deed to transfer his or her interest in the property in order to comply with the court’s decision or the parties’ agreement.
CAN I TRANSFER A SHARE IN MY HOME TO MY NEW SPOUSE?
Yes. When an owner gets married or remarried, he or she can use a deed to transfer an interest in the property to their new spouse. IF there is a mortgage on the property, you should get the written consent of the mortgage company.
CAN I TRANSFER PROPERTY TO MY MINOR CHILD?
Technically, yes, you can transfer your property to a minor. However, it is not advisable to do so. A further transfer will not be possible until the minor reaches 18 years old.
WHO NEEDS TO SIGN THE DEED TO VALIDATE IT?
The owner of the property or his or her authorized agent must sign the deed. The Buyer or Grantee does not need to sign. A notary is required to sign the document.
DO I HAVE TO BE IN THE STATE WHERE THE PROPERTY IS LOCATED TO TRANSFER THE PROPERTY?
No. You do not have to be located in the state where the property is located to transfer property you own. You can be anywhere in the country, or even in the world for that matter, as long as you have access to a recognized notary.
DOES THE BUYER OR GRANTEE HAVE TO BE IN THE STATE WHERE THE PROPERTY IS LOCATED TO TRANSFER THE PROPERTY?
DO I NEED A DEED TO TRANSFER TITLE TO A CAR?
No. You need to contact your state Department of Motor Vehicles (DMV).
WHAT IS TITLE INSURANCE?
Title insurance is an indemnity (security against loss) insurance. Lenders title insurance is purchased by the borrower to protect the lender. It is issued by a licensed insurance company and protects the holder from financial loss should there be defects in a title to real property. This is a separate service purchased directly from the insurance company.
WHAT ARE ESCROW SERVICES?
Escrow is a financial arrangement provided by a title company or escrow company to hold a signed deed in trust or “escrow”. Funds are released when the terms of an agreement (in most cases when payment is complete) are met.