Real Estate Law
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Good morning. Yes, he sold the house. Title is transferred by deed. If he signed and delivered the deed, the title has been transferred. The signed HUD evidences how the purchase price was paid and how it was distributed. The HUD is not required to be recorded anywhere. He has all the documents that one would have in the sale of real estate. The title company's role, whether the deal is a cash deal or involves a loan, is to receive the purchase price and to collect the signed documents from all parties and then when the title company has everything, to record the deed and to disburse the cash pursuant to the HUD.
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It's very unusual that a buyer doesn't want the deed recorded; BUT it is not required. All that is required is that the deed be signed and handed over to the buyer. If that's what the buyer has requested, the title company would have done so; there is no legal requirement that a buyer record the deed. But, as I said, the buyer's decision not to record is at the buyer's risk.
The deed transfers title. The "warranty" term simply designates the type of deed. There are basically 3 types of deeds.: i) quit claim (where the grantor agrees to transfer whatever interest the grantor owns, without any warranty, ii) a special warranty deed where the grantor warrants the grantor did not do anything during the grantor's ownership to negatively impact title; and iii) a general warranty deed where the grantor warrants title prior to and during grantor's ownership.