One of the many services our real estate department provides is deed preparation for any properties located within Pennsylvania, New Jersey, and New York.
WHY DO I NEED A REAL ESTATE ATTORNEY?
For most people, owning real estate is one of their biggest investments. Consulting with an experienced estate attorney when you are dealing with real estate is extremely important. Consulting with an experienced real estate Attorney can help you make the right decision to ensure you engage in a successful real estate transaction. We handle the preparation and recording of your deed from beginning to end. Whatever your real estate needs, the Law Offices of Leo T. White, LLC has the real estate Attorneys to help.
WHAT ATTORNEY SERVICES ARE OFFERED BY THE LAW OFFICES OF LEO T. WHITE, LLC?
Our Firm can help with the following:
- General consultations
- Examining Deeds which have been completed already
- Help with the choice of Deed
- Real Estate Due Diligence
- Resolving Title Insurance Liens, Judgments, and all other issues
- Title Searches
- Creating real estate deeds in Pennsylvania, New Jersey, and New York
- Preparing and reviewing real estate Agreements of Sale
- Tangled Title Issues
- Fraudulent Conveyances
- Powers of Attorney
- Any other real estate related legal documents
The decision to retain an attorney is a significant one and should be taken seriously.
WHAT ARE THE VARIOUS TYPES OF DEEDS?
There are three general types of deeds used in New Jersey: Bargain and Sale, Warranty, and Quit Claim Deeds.
Quit Claim Deed
A quitclaim deed is a type of deed which is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the entity who receives the deed is called the grantee. When completed and signed properly, it transfers any interest the grantor has in the property to a grantee.
General Warranty Deed
A general warranty deed expressly guarantees the grantor’s good and marketable title to the property and the grantor’s unfettered right to sell the property to the grantee. The guarantee is not limited to only the time the grantor owned the property, but instead extends to the entire chain of the property’s ownership (as may be limited in time by certain state or local statutes). Here, the grantor not only guarantees that clear title was received from the previous owner of the property, but also guarantees that no other parties, past or present, retain an interest in the property.
Bargain and Sale Deed
Every deed conveys the entire estate of the grantor unless an exception is made in the deed. In the absence of special equities or agreements to the contrary, the grantor must convey good title in fee-simple, by deed of bargain and sale, without covenants. This type of deed is deemed to be the type of deed which the seller is to deliver if the contract does not specify otherwise.
a. Without Covenants
A Bargain and Sale Deed without covenants conveys no greater estate than the grantor may lawfully convey. The grantor conveys whatever he/she/it owns and given no covenants of any kind.
b. With Covenants
A Bargain and Sale Deed with covenants typically contains one covenant entitled the covenant as to the grantor’s acts. This covenant guarantees that the grantor “has done no act to encumber the lands.
Deed of Correction
A Deed of Correction is made without consideration for the sole purpose of correcting an error in the description of the parties or of the premises conveyed. It is alternatively called a Correction Deed.
how should i hold title: joint tenants, tenants in common, or tenants by the entirety?
A Joint Tenancy exists when the property is owned by two or more persons and four unities exist: (i) the interest of each person must be of the same duration; (ii) the time of the vesting of the title must be the same; (iii) title must arise from the same conveyance; and (iv) each must have equal and undivided possession. A right of survivorship exists in a joint tenancy. Thus, if one joint tenant dies, the interest of that tenant vests in the other joint owner(s) and does not pass to the heirs of the decedent.
Tenants in Common
No right of survivorship exists among tenants in common. The interest of a co-tenants passes to the co-tenant’s heirs who then hold the property as tenants in common with the survivors. Unless joint tenancy is clearly identified in a deed, ownership is presumed to be held as tenants in common.
Tenancy by the Entirety
A tenancy by the entirety is the tenancy held by two parties by virtue of the joint acquisition of title by them after marriage. A tenancy by the entirety requires the same four unities as a joint tenancy plus the unity of marriage. Upon the death of either spouse, the survivor receives the remainder in fee.
It should be noted that the form of ownership of an unmarried couple who are subsequently married to each other is not automatically transformed into a tenancy by the entirety. After marriage, the parties must convey title to themselves by deed in order to create a tenancy by the entirety.
Contact Pennsylvania, New Jersey, and New York Deed Preparation Attorney Leo T. White
Email or call Leo T. White directly at 800-607-5339 to schedule a free initial consultation.