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Grant Deed Questions

Grant deeds are used when a person wishes to transfer a property title to another individual. The giver is known as the grantor and the receiver is known as the grantee. The grand deed provides two guarantees from the grantor to the grantee. The first guarantee is that the property belongs to the grantor when he/she transfers the title to the grantee. Second, the grantor guarantees that the property is free of any debt and there are no liens against the property. Both parties will sign the deed and the grantor is released of all ownership of the property immediately. To learn more about grant deeds, take a look at the grand deed questions below that have been answered by Experts.

if I sign a grant deed over to my partner, will I still be responsible if he does not make payments on time?

If you sign the deed over to your partner, that is just changing ownership of the home. However, you will still have your name on the mortgage agreement at the bank meaning you will still be responsible for late payments. Something to consider is the bank not accepting the deed transfer as long as a debt is against the home. Before you attempt to change the name on the deed, you may want to discuss this with your lender. By changing the name on the deed, you may very well cause the bank to call the loan. The reason for this is because the home is being used as collateral for the loan you have agreed to pay. If your name is no longer on the deed, that may cause issues with the mortgage agreement.

I have created a Grant Deed to transfer real property held in trust (from my mother's trust to me and my wife).Is there a document that I can use to give my mother the right to live in her home for as long as she wishes?

The arrangement that you are referring to is called a life estate. This means the person can change the name on a deed and still be allowed to remain on the property for the rest of their lives. The only draw- back would be if this arrangement were to conflict with your mother's Medicaid eligibility. Before you continue with the paperwork, you may want to consult with a financial advisor. You may face complications due to the home being in a trust. A local attorney would be able to assist you in making the correct choice in deeds.

I cosigned for a loan and grant deed on a property that my brother promised to change to his name within one year. He has ruined my credit and made repeated late payments. I want to sell the home but he refuses to let me. What can I do?

If you need to sell the home and your brother won't let you release it, you may have to take the matter to civil court and let the court decide how to settle the matter. You could sue him for breach of a verbal contract. You could ask for a judgment and force him to sign his part over to you with a Quit Claim Deed. Another option would be to buy him out or let him buy your part of the home. This would have to take place in order to get a Quit Claim Deed. You could ask the court to force a sale of the home. If you take this option, the home will sell way below value.

My mom gave me a grant deed on a property on January 2010, it was recorded in July 2010. Was the property officially transferred when it was notarized or when it was recorded?

Technically, the deed became your property when it was signed and notarized. However, at any time between the signing and the recording, any one could have filed a deed on the property and gain legal ownership of the property. So, until the deed was recorded, the property wasn't yours. The deed was still a legal document when you signed it, but you didn't gain control and actually own it until it was recorded.

Property deeds can confuse many people who are not familiar with real estate law. Knowing which deed is for what situation leaves people with questions and concerns about which choice to make. If you are in need of answers about grant deeds or property deeds, you should ask an Expert for legal assistance.

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Tina, Lawyer
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Experience:  JD, BBA Over 25 years legal and business experience.
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Recent Grant Deed Questions

  • Good afternoon, can a person do anything if he has a copy

    Good afternoon,
    can a person do anything if he has a copy of an signed and notarized grant deed that was not recorded but now the people that signed the previous one don't want to sign a new one? the original was misplaced.
  • Question for real estate attorney: Is a cloud on title

    Question for real estate attorney:

    Is a cloud on title created when the notary used to do a grant deed and deed of trust on a house has been given a negative notary certificate by the state of California Secretary of State? The state of Ca says the person was never a registered notary with them and we have inquired twice to make sure. The property in question was supposedly acquired by our deceased dad and his girlfriend who after his death produced a phony confidential marriage document. In addition the name used to sign on the document used only my dad's first and middle initials coupled with his last name, something he had not done before or since these documents were executed. 8 months later a quit claim is done with his full true signature is done giving dad's interest to the house to girlfriend, her daughter and mom. 30 years later an inter spousal transfer is done on the same property, this time the notary who did it has not handed in her expired notary journal which was due June of 2010. Does this further call into question the transaction?
  • I have been living in the same house

    I have been living in the same house (in Northern Idaho) with a woman that is no longer my partner. The home was purchased in 2011 and I paid for the home with cash (both money in my bank and a line of credit from my home in CA). I had her sign an agreement that if I died or we split up, the original investment of $230K would be returned to me and the equity left in the property split (either with me or the beneficiaries if my estate - my two children). We have been living in separate rooms for about 1 1/2 years and I officially moved to this home full time on 5-24-2012). My home in CA just sold and I have paid my accumulated debt down with approx. $159K in the bank (she did live with me in this house with her daughter for 7 years, although the home was mine 100%). She has contacted a lawyer and he is saying the agreement for me to get my $230K back is not valid and shows intent (of course it shows intent, I want my investment back since this woman has not spent one dime on the property - property taxes, utilities, the payment for almost three years on the line of credit I used to purchase this home, etc.). This lawyer states she is entitled to 50% of the value of the house and has told her she can get the court to force me to sell the property (at a bargain basement price) to get her money. She is packing and is waiting for her lawyer to tell her to move. The fact that she is moving is not an issue, as I have tried to have her leave numerous times in the last 9 years. I have paid all the bills, purchased the house with my money, gave her money on a monthly basis (she does not work and spends her time creating fiber art items for a local Farmer's Market and an internet site - the business is failing miserable and I am supplementing her income). She did acquire a job a few months ago at a local hospital, but quit after a few days because of the conflicts with her business (which again is failing miserably). I know I cannot do anything until I am served papers, but what options do I have when these papers are served (and does she really have any rights to 1/2 of the property, purchased and maintained by me). Thank you in advance! xxxxxx xxxx

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