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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29097
Experience:  Texas Attorney for 29 years dealing in real estate
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My husband has a plot of land in upstate New York. He would

Customer Question

My husband has a plot of land in upstate New York. He would like to sell it to our neighbor directly in the next lot. What paperwork would we need to complete online in order to do this? I just went onto a site called Rocket Lawyer which provides a template for a cost of a bill of sale for property. Is there any other paperwork to be completed?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ray replied 11 months ago.

Customer:

Thanks for your question and good evening.You would need a warranty deed from your husband to the person buying the property.You can get this off of rocket lawyer or here is a sample form.You can preview it here for free.

Customer:

Husband is grantor , buyer is grantee.

Customer:

Your husband would sign it in front it in front of a notary and then send it to buyer here to complete the transaction or your husband can file it with county clerk.

Customer:

You will need the legal description from the deed where he received it here.

Customer :

Thank you. This is all my husband would need to complete or the bill of sale and the warrantee deed?

Customer:

That would do it.It will transfer title and the grantee/buyer will get the original back once it has been recorded.

Customer:

I appreciate the chance to assist you tonight.

Customer:

It has been my pleasure to do so.If you can leave positive feedback it is much appreciated.

Customer :

ok, so just the warrantee deed then?

Customer :

thanks so much for your help.

Customer :

yes, I will leave very positive feedback.

Customer:

Have a great evening and good luck with the sale.

Customer :

hope you have a good evening

Customer :

thanks

Customer:

You too.

Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 29097
Experience: Texas Attorney for 29 years dealing in real estate
Ray and 10 other Real Estate Law Specialists are ready to help you
Expert:  Ray replied 11 months ago.
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Customer: replied 11 months ago.

I just found out my husband is selling the property to a husband and wife. I had already downloaded the warranty deed from the link you provided from individual to individual. Do I need to download another form or can I use this one and enter both names?

Customer: replied 11 months ago.
Relist: Other.
I have an additional part of my original questions
Expert:  Ray replied 11 months ago.

No you can add a name here as grantee it would just be XXXXX XXXXX and XXXXX XXXXX as grantees.Thanks for being patient here.

Customer: replied 11 months ago.


my husband is selling the land to a husband and wife. the form I downloaded is and individual to individual warranty deed. do I need to download a different form or can I include two names and the grantees instead of one? Thank you.

Expert:  Ray replied 11 months ago.

If you want to preview one here thats premade to use as a form you can preview it here

http://www.uslegalforms.com/ny/NY-01-78.htm

You should be able to just add a second name to the grantees as I set it out above or use this one.

 

Thanks for letting me follow up.

Customer: replied 11 months ago.

thank you. I will use the one that I have and add the two names as grantees as long as you say it is okay that it says individual to individual, since I already paid to download this one. After my husband completes and signs this deed, he can send it to the purchaser and the purchaser will send it to the county clerk or will they send it back to my husband to send to the county clerk? Also, he does have the deed wherein the property was sold to him, will he have to send this to the county clerk or to the purchaser or does he keep this?

Expert:  Ray replied 11 months ago.
I would send tell your husband to file it because that way you know its done and the taxes are out of your name.He can also sen them a copy of the prior deed just for their reference.And you can use the first deed here adding the second name as a grantee.Thanks again I appreciate the chance to help.
Customer: replied 11 months ago.

the grantees need to sign the deed as well, so my husband should send it to them and they should send it back to him and then my husband will file it with the county clerk, is that correct?

Expert:  Ray replied 11 months ago.
Yes I think it is in his interest to do that as the seller to make sure it does get filed.
Customer: replied 11 months ago.

Actually, there is a second page which heading is Individual Capacity in the State of New York for Real Property and there does give a place for Grantor and Grantee to sign. Is this the only place the grantees need to sign? Thank you.

Customer: replied 11 months ago.

My husband would like to know if it is in his best interest to send the warranty deed to the grantee first and have him sign and notarize it and send it back to my husband to sign secondly. Then my husband can be assured that he will be the one to file with the county clerk. Can the grantee sign first or would my husband have to sign as the grantor first?

Customer: replied 11 months ago.

There is not a place to include the grantees address on the warranty deed. Where should we indicate their address so the county clerk may change over the tax bills to the grantee?

Customer: replied 11 months ago.

One more question. I am a notary. The property is in my husband's name and the check will be issued to him alone. Is it a conflict of interest if I notarize this warranty deed? Is it a better idea to have another notary take care of this? thanks again very much for all your help.

Customer: replied 11 months ago.
Relist: Other.
lawyer is busy answering other questions for awhile now.
Expert:  Ray replied 11 months ago.
Sorry let me followup here.Not a good idea here to notarize for relatives in a sale like this.Take it to your bank, credit union , court house or somewhere and let them notarize.Again sorry for the delay.
Customer: replied 11 months ago.

thanks. no problem about the delay. is it okay for my husband to have the grantees sign first and send back to my husband to sign, so he may be ensured to be the one to send it to the county clerk? also, where do we indicate the grantees address, so they may send the tax bills to them? thanks again.

Expert:  Ray replied 11 months ago.
thanks. no problem about the delay. is it okay for my husband to have the grantees sign first and send back to my husband to sign, so he may be ensured to be the one to send it to the county clerk?

Yes it is that is the correct process for him to sing last and then he files it.

Their address goes at top of the deed--it shows where ot return the deed after filing here.
Customer: replied 11 months ago.


thank you very much.

Expert:  Ray replied 11 months ago.
You are welcome.Also the names and addresses of groantor and grantee are at bottom of deed as well make sure you fill that in here too.

Have a great evening.
Customer: replied 10 months ago.


Hi, It has been some days since I last asked for additional information regarding this question....having said this, I have a few more questions pertaining to the same. My husband, as well as the grantees signed and had notarized the warranty deed. He called the County Clerk and was told he must complete TP584 and RP5217 forms and to pay $310 in various fees to the County Clerk. I may have misunderstood you, though in reading through our conversation of 7/28/13, nowhere does it say there will be other forms to complete. The Warranty Deed covers everything, does it not? If I have misunderstood and the County Clerk needs to have additional forms completed based on where the land is located, if you could confirm this for me I would greatly appreciate it. Thanks so much for your help.

Expert:  Ray replied 10 months ago.
These are tax forms and atxes that are due as part of the sale.They don't covey title the deed I gave you does but the state of NY has taxes/fees that are due as part of such sale.To me the buyer should pay the fees involved but thats between the parties.

Here are the forms.

Customer: replied 10 months ago.


Thanks so much. You were not unclear at all. I appreciate you answering me so quickly again today. I am trying to download the RP5217 form, having trouble doing so. I keep getting RP5217 instructions. Is that the form my husband is to print, complete and send to the County Clerk? Thanks in advance for your answer.

Expert:  Ray replied 10 months ago.

No problem here it is.

RP-5217-N

 

Yes you complete this one and other one you referenced above and the fees/taxes.

 

Thanks again for letting me help you.

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