Conveying an interest in real estate can be a complicated legal transaction. Even standard sales of residential properties involve substantial documentation.
Miami title and deed lawyer Jacqueline A. Salcines has the experience and expertise you need. She is a real estate attorney, accountant, and title agent and could guide and support you through every step of the process.
People involved in property transactions must understand the difference between a title and a deed. Although the two are related, they are different.
A title is the state of owning a piece of property in whole or in part. The deed is the legal document that formalizes the transfer of the title. Different types of deeds convey titles with different benefits of ownership.
There are various types of deeds appropriate in different circumstances. When you work with an experienced Miami attorney on matters involving titles and deeds, you can be assured that your transaction will be handled effectively to accomplish your goals.
Arm’s length real estate purchasers typically want a clear and marketable title. The title they receive in exchange for the purchase price should grant them full ownership of the property and the assurance that no one else has a valid claim against it. A title search is an examination of public records to affirm that there is a clear chain of title without encumbrances, sometimes called clouds.
Sometimes, a title search reveals a problem. Perhaps a homeowner’s association, condominium association, or contractor placed a lien on the property. There may also be ambiguity over the location of the property line.
A title and deed lawyer at Jacqueline A. Salcines, P.A., could resolve any title issues prior to closing in Miami. If the property cannot be transferred with a clear title, the buyer cannot purchase title insurance, and a lender is unlikely to offer a mortgage. When obtaining a clear title is not possible, an experienced attorney could advise you on potential options, including canceling the transaction.
The legal document that conveys an ownership interest in a specific property is the deed. Florida Statutes §695.26 outlines certain legal requirements for deeds. A deed must contain a legal description of the property, the person conveying the property (grantor) must sign the deed in front of witnesses, and the deed must identify the people receiving the property (grantees), though the grantees do not need to sign the deed.
There are various types of deeds that convey different interests in property. A Miami title and deed attorney could prepare a deed that meets your goals and protects your interests.
Most property sales require the seller to convey a general warranty deed. These deeds transfer full ownership of the property with a clear and marketable title warranty.
A quitclaim deed transfers the grantor’s interest in a property to a grantee. Any encumbrances or clouds on the title are also transferred with the deed. This type of deed is often used to convey the grantor’s interest in a property to a family member. A quitclaim deed should not be used in an arm’s length property transaction.
A life estate deed transfers a grantor’s interest in a property to grantees upon the grantor’s death. However, it allows the grantor to retain possession and control of the property until they die. A life estate deed can keep a property out of probate and ensure it goes to the person or people the grantor intended.
A lawyer at Jacqueline A. Salcines, P.A., could help determine the right deed for your situation and draft a clear document to help avoid potential legal disputes.
A smooth real estate transaction requires diligent attention to detail. You can trust Jacqueline A. Salcines, our Miami title and deed lawyer, to personally handle every aspect of your transaction.
Don’t go it alone when buying or selling real estate. Call us today to discuss your transaction and learn how we may assist you.
Jacqueline A. Salcines
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