Although the features and functions between various real estate deeds and titles
can be a little confusing, they are necessary to establish legal real estate ownership
and its proper transference or conveyance.
Basically, a real estate deed is a legal document conveying
or assigning title to a property. A real estate title is a legal document establishing
ownership (showing evidence) of a property. Both work in concert with the other.
Before one can transfer or convey a deed to another, he or she
must show legal title to the property.
Let's discuss some of the more common types of deeds and titles. They
include Certificate of Title, Final Judgment Quieting Title, Warranty Deed,
Tax Deed, Quitclaim Deed, and Grant Deed.
Many people associate a certificate of title with cars, trucks,
motorcycles, and recreational vehicles. But it can also be applied to real estate
ownership. When you need to show legal evidence of ownership, in this case real
estate property, a Certificate of Title is required. As mentioned above, before
one can transfer a deed, he must show Certificate of Title to the property.
A title company or attorney writes the Certificate of Title regarding the property
title's status. Any liens against the property are also evidenced.
Oftentimes, a title may have an encumbrance associated with it. For example,
there may be several undisclosed liens, liabilities, or false descriptions regarding
title to a specific real estate property. A final judgment from a court is used
to remove these encumbrances on a title. This judgment "quiets" the title or
re-establishes title, free of any stains. This is called a Final Judgment
Quieting Title.
A situation may arise where a grantor or seller needs to guarantee that she
is the holder of title to a specific piece of real estate. A General
Warranty Deed guarantees that she is the clear title holder of the
property, and she can sell it to a prospective buyer. It not only guarantees
current ownership of the property but details the history of the property. A
common type of deed, a Warranty Deed validates the grantor title and protects
against any title defects in the prospective buyer's eyes.
Failure to pay real property, income, or other taxes may result in a tax lien.
A tax lien is used to expedite delinquent tax payments. If payment is still
not received after several notices, the property may be held by the local government
agency and sold at public auction or foreclosure sale. Upon purchase of the
property at the sale, the buyer or investor is conveyed a Tax Deed
on the property.
Another situation may arise when a grantor's (owner's) interest in a specific
piece of real estate wants to transfer the deed to someone else. A Quitclaim
Deed clears title to the property. The grantor or deed holder gives
up his interest in the property. The grantee receives the property and assumes
all risks. No guaranties or warranties are made on the title. (This may be a
case where a Warranty Deed is needed.) Several Web sites offer free quit
claim deed forms on the Internet.
A Grant Deed is different than a Quitclaim Deed in that a
Grant Deed contains evidence that the person conveying the property is the actual,
legal title holder, free from encumbrances.
Answer Submitted on Mon, Sep 11 2006
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