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Deeds for interest in real property

by | Jan 17, 2019

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Real estate sales require that sellers transfer their interest in their properties by a written, notarized deed.

What Is A Deed
The deed is recorded in the county in which the property is located and becomes public record, so that everyone can discover who the real owner of the property is. This recording of deeds helps protect the public against scams.

The deed needs to contact a legal description of the property that sufficiently identifies the property, as well as the interest being transferred and what warranties (if any) attach to the transfer.

Types Deeds
The most common types of deeds in real estate are:

  • quitclaim deeds
  • deeds of trust
  • warranty deeds (general warranty deeds and special warranty deeds)
  • grant deeds
  • mortgage deeds

Warranty Deeds
Warranty deeds help protect buyers by guaranteeing that the seller is the owner of the property and has the legal right to transfer the title. These types of deeds also guarantee that the property doesn’t have any outstanding liens or claims against it. It’s important to note that general warranty deeds provide guarantees that date back to previous owners, while special warranty deeds (also known as limited warranty deeds) only guarantee that there weren’t any title problems during the time that the owner had the property.

We’re Here To Help – Experienced Real Estate Attorneys
If you have questions about or issues with a deed – whether you’re buying or selling a property – we can help. Both buyers and sellers of real estate need to understand what’s being conveyed through the deed, in order to help prevent legal issues from arising at a future date. As experienced real estate attorneys, we can perform research and legal due diligence for deeds, review deeds, draft deeds, and more.

At Timely Contract, we have local real estate attorneys who have experience throughout Idaho, including: Boise, Post Falls, Coeur d’Alene, Lewiston, Moscow, and Sandpoint.

We also have local real estate attorneys who have experience throughout Montana, including: Missoula, Billings, Bozeman, and Kalispell.

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