OT - Question re: Warranty Deed, etc.

I just bought a little place from the owner in the city where I work (no realtor or mortgage).

We had a local law firm handle the transfer and I was given some papers at the closing. I think one of the papers was a "Warranty Deed". My understanding is that they no longer give a formal "deed" for city properties like they do for a piece of rural ground.

I know laws vary from place to place. My question is: Will I receive any papers (deed or otherwise) stating that I own this place ? If not, do I have any legal right to request one ?

I would like to have a deed from the county that says I am the owner.

A deed to your land is like the title to your truck. I would think all land transactions would have to be recorded with they county office, your proof you own the land. Also this way you will get your property tax bill. You would also need the deed for insurance on it.

The warranty deed means that the selling party guarantees the deed and will defend the title against any adverse claims. That is your title to the land. Basically it means that you now own the property free and clear; of course, there may be certain restrictions, such as easements or such. The deed needs to be recorded as soon as possible with the county.

A deed is simply a document conveying title to a property from seller to buyer. It IS the document that says you own the property, same as the title does for your car. The county does not issue the deed. In most cases, the county's role is to record the deed and maintain the record.

There are different kinds of deeds. Two of the more common are quit-claim and warranty deeds. There are all sorts of reasons for using one or the other, but both are perfectly valid. If you paid for a lawyer for your side of the transaction, you need to call him/her to explain the particulars so that you understand them.

It has been recorded with the country.

So, are you stating the "Warranty Deed" is all that I'm getting... even though it is not on "County Letterhead" paper !?!

I was told that a Warranty Deed is the best one can get.
Check with your local courthouse to see if the deed needs to be registered or already is.

In Calif. They register the deed before you get it in Oregon you are told to run across the street an do it or you could loose the property if someone gets there before you. This is a real backward state on some things.
Walt

You said you bought the property from the owner, who presumably was not the county. It wasn't the county's to convey to you, it was the owner's. Counties do not issue titles to property in the way that states issue titles for cars, if that's what you're thinking. It is the deed that says the property is yours, and the reason that it is yours is because the deed is the document in which the former owner signed on the line saying that it is no longer his and is now yours.

We recently paid off the mortgage on a piece of property that we bought a year before. at the time of closing we received a trustees' deed because it was owned by a trust (three siblings, one deceased) When we paid off the bank we received a satisfaction of mortgage, which we recorded with the county to prove clear title. I expected the bank to hold the deed until it was paid off, but that's not how it worked

You get whatever you agreed to during the transaction. Not everybody gives a warranty deed unless that is what the original purchase contract calls for. In other words, if you offered to buy with the understanding that the seller furnish a warranty deed - then they have to furnish it. You are supposed to get whatever you offered to, and agreed to buy.

It all comes down to the wording of your offer and aggreement to purchase.

Warranty deeds cost extra money. In essence, it is a insured deed and insurance is not free. Many town and city governments prefer to sell by Quit Claim deeds instead.

Best to get a lawyer for the transfer.nice and legal..
In Oz when I bought my land it had to be registered with the Lands Title Office under a transfer of lands act.They issued me with a title which gave the location of the land with a drawing of the land and dimensions.
My local Council was also notified so that they could ......wait for it....... levy me Rates each year.Couldn't get out of that one.

This makes sense.

It just seemed to me that I should have received something more... some official looking document or something.

Nope, the deed is pretty much it. About the only thing that will look official about it is when you get your deed back from the county registry of deeds. It will be stamped with book and page references indicating where it is recorded in the registry.

It's interesting to note down below, Bendee says that Australia has a system more like what you're thinking of. You present your deed, just like a bill of sale for a car, and the government issues a title.

It is often good to get a 'copy' of the deed at closing. The original is then registered or recorded and sent back to the new owner. I usually have the recorder give me a copy of the deed after they stamp it. Once it is officially recorded, the original or any copies are only for reference and of no real value, although most people keep them. The recording is the important thing. That notifies the world or anyone who wants to know that you own the property. Also, once recorded, you can later get a copy from the county office at any time.

Warranty deed is best. Quit claim only says seller is relinquishing all interest in property. He could owe some other party. They could take property unless you buy title insurance and do a title search to see if there are any prior liens. When you have title insurance policy, they guarantee that property is free and clear and you are the new owner. Dave Also what other said register the deed in county. You can also examine records and see if all is clean and green. Best before purchase.

Red, a Deed is the legal document used to convey the Grantor's ownership rights in real property over to the Grantee.......It is the legal means to transfer ownership of real property

If the deed is recordable (must meet certain legal requirements) the local County recorder will copy the deed and place/record it in the official book of records where it is an open public document to serve notice on all of who the owner is.......

A "Quitclaim Deed" only conveys whatever (be it fee simple or absolutely nothing at all) ownership rights the Grantor (Seller to a lay person) has over the the Grantee (buyer for a lay person) . I can legally give you a quitclaim deed to the Brooklyn Bridge, because unlike a Warranty Deed I AM NOT warranting its mine or I have fee simple ownership or anything at all

To the contrary, a Warranty Deed carries four statutory warranty/guarantees among which are the Grantor is lawfully siezed of the property and warrants it be free and clear of liens and encumbrances SUBJECT TO certain covenants and restrictions of record and other possible restrictions which an abstracter or one who searches titles might find. Title Insurance IS NOT NECESSARILY something you would get in a private transaction where no banks are used for the buyers loan. If theres a defect in title its the Grantor/Warrantor you have to sue versus if title insurance is involved the title company would stand liable under the terms of their policy.

YOUR CONCERNS:

My understanding is that they no longer give a formal "deed" for city properties like they do for a piece of rural ground.

WRONG see the above, it dont matetr where the property is located, rural or urban


I know laws vary from place to place. My question is: Will I receive any papers (deed or otherwise) stating that I own this place ? If not, do I have any legal right to request one ?

You get whatever you contracted for (like an offer to purchase if used), if it was cash for real estste and you tendered the cash and a Warranty Deed is what you bargained for A WARRANTY DEED IS THE METHOD BY WHICH YOU GET OWNERSHIP OF THE REAL ESTATE so if thats what you bargained for and you got it thats it.....

Basically a deed is all you get and need so if you have that GET IT RECORDED ASAP

IMPORTANT NOTE you want to run/race to the Recorders Office and have that deed recorded to protect your interests and serve legal notice to the world. Indiana is a race notice state (not sure where you live) so if someone else beats you to the recorder also with a deed to the same property, youre wayyyyyyy behind the 8 ball

I would like to have a deed from the county that says I am the owner

SORRY CHARLIE The county DOES NOT give you a deed, the county recorder can record it and give it back you (will have his official stamp n seal ect) once its recorded

DISCLAIMER I get a kick out of legal questions here cuz everyone and their brother in law jumps out of the woodwork and offers their lay opinions in a good faith effort to help, much of it is excellent other maybe not quite so good SO USE CAUTION OF LAY OPINIONS AND ASK A LOCAL ATTORNEY IS MY BEST FREE PROFESSIONAL ADVICE. Even a trained professional attorney only renders an educated legal opinion, its what a court of competent jurisdiction rules that matters. Also its impossible to render even a good professional opinion without knowing all the facts and researching your local laws soooooooooo even my attorneys opinion is worthless and exact what you paid for it lol

Best wishes n God Bless,,,,,, consult a local attorney and GET THE DEED RECORDED

John T BSEE, JD
Attorney at Law in Indiana

(quoted from post at 01:55:54 01/30/09)
I just bought a little place from the owner in the city where I work (no realtor or mortgage).

We had a local law firm handle the transfer and I was given some papers at the closing. I think one of the papers was a "Warranty Deed". My understanding is that they no longer give a formal "deed" for city properties like they do for a piece of rural ground.

I know laws vary from place to place. My question is: Will I receive any papers (deed or otherwise) stating that I own this place ? If not, do I have any legal right to request one ?

I would like to have a deed from the county that says I am the owner.

Click to expand...

They have covered everything. Your warranty deed is the formal deed. A deed is a deed whether city or country. Just a different type of description. In town you have a lot, block, addition, & city. In the country you identify the part of the section, township, range, & meridian.

You might also be thinking of an abstract. In years past, they paid abstractors to keep a typed record of page after page about everything that was recorded on your property. Then an attorney would issue a title opinion based upon the abstract. May be an old one around somewhere. Now in the days of title insurance, abstractors just search the county records and issue title insurance which negates the need for the abstract and attorney opinion.

If you bought into a condo or part of a townhome or maybe a timeshare, some of them may not have a deed.

I appreciate for the lesson.

I do have Title Insurance and the deed has been recorded.

"to sue" versus if title insurance is involved the title company would stand liable under the terms of their policy"

I don't actually see a difference, if you find or suspect problems you would probably have to have an attorney verify and fight the deed insurance place or is a title insurance company just going to cough up money to make you well?

What is common "well", is it fixing a specific problem or does it involve the complete property?

Seised.

Excellent explanation.

Title companies are usually pretty realistic about things, and don't fight if they know they're beat- because they'll have to pay both partys' attorney fees if they lose. They're in the "capital preservation" mode, and will solve the problem in the most economical way they can, which usually doesn't mean litigation.