Real Estate Law
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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.
Husband is grantor , buyer is grantee.
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.
You will need the legal description from the deed where he received it here.
Thank you. This is all my husband would need to complete or the bill of sale and the warrantee deed?
That would do it.It will transfer title and the grantee/buyer will get the original back once it has been recorded.
I appreciate the chance to assist you tonight.
It has been my pleasure to do so.If you can leave positive feedback it is much appreciated.
ok, so just the warrantee deed then?
thanks so much for your help.
yes, I will leave very positive feedback.
Have a great evening and good luck with the sale.
hope you have a good evening
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?
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.
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.
If you want to preview one here thats premade to use as a form you can preview it herehttp://www.uslegalforms.com/ny/NY-01-78.htmYou 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.
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?
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?
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.
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?
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?
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.
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.
thank you very much.
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.
I understand this was a cash sale but the state of NY will require you to complete these at time you file the deed.I apologize if there was confusion but the state requires these to be completed and paid or they will not record the deed.Again to me the buyer pays these as part of the sale.
Thanks again for letting me follow up here.
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.
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.