Transferring a Real Estate Deed
- Real Estate Tips
- certificate of trust, home deeds, housing in carlsbad, Linda Moore, notary, real estate attorney, real estate in carlsbad, transfer real estate deeds
- February 28, 2014
Transferring a Real Estate Deed
Has the sale of your Encinitas home gone through and you need to transfer the ownership? Are you transitioning to retirement, and you are looking to turn over your house to your children? Whatever your current situation is, you’ll have to transfer the deed of your home to the appropriate party. Keep reading to learn more about transferring a real estate deed!
Why Transfer Real Estate Deeds?
It is required to do so if your name is removed or changed on the title of the property. You’ll want the services of a real estate attorney to ensure a legal change to the property title.
Steps to Transfer a Real Estate Deed
Hire a Real Estate Attorney
As stated, one of the most important steps in transferring a deed is hiring an attorney who specializes in real estate. A real estate attorney will prepare and file the transfer documents, guaranteeing that all legal requirements are met so that the transaction goes without any legal snags.
Provide Necessary Information
Tell your attorney some of the following basic information about the property and the new owner(s):
- Property description: This can be found in your current deed or obtained at the county recorder’s office.
- Verification of existing owners: Your real estate attorney will verify all the names shown as owners on the existing deed.
- Names of new owners: Make sure to clearly list all persons who will be taking over the title.
Other Special Circumstances
Transfer to a Trust
If you’re transferring a property over to a trust, you will need to get a certificate of trust or an abstract of trust. In a nutshell, this makes sure that the trust is legally recognized and the transfer is valid.
Business-Related Transfers
With business transfers, you will have to submit an article of incorporation or a certificate of formation–which probably sounds a bit complicated, but again, an attorney can walk you through it. What this does is prove that the business is able to own the property outright and that the sale is 100% legal.
Transfer After Death of Co-owner
If one of the co-owners has passed away, you will need to provide a certified legal copy of the individual’s death certificate together with an affidavit. This documentation will allow the transfer to proceed legally and without any potential disputes.
What You Need to Do
Once you’ve signed over the new real estate, it should then be filed with the correct county recorder’s office. Typically, the filing and recording process takes between one or two months, after which the deed of the new Encinitas real estate will be sent through snail mail.
Transfer Between Relatives
At times, the children (or other family members) take legal responsibility when the parent is aging. The child who receives the property needs to get a loan before completing the transfer if there is still a mortgage remaining.
The parent fills out a quitclaim deed to transfer the ownership. It usually doesn’t require a lawyer, but sometimes it is recommended for people who are related.
When you have signed the deed over, you must have a notary there to sign and stamp the document making the document legally binding. There is a possibility that a witness will be necessary, but when completed make sure you make copies of the documents.
A Realtor Can Help Make the Transfer Smooth
Transferring a real estate deed in Encinitas doesn’t have to be as complicated as it sounds. Follow these steps and then talk to a Realtor with the knowledge and expertise to show you how the process can be simplified without all the legal jargon.
Contact Linda Moore today to see how to get your real estate deed transferred the right way, the first time.
