A deed records the name of the person or people who hold title to a piece of property. Transferring ownership of property requires the recording of a change of name on the deed. The process tends to be an involved one. Each county prescribes different procedures for different kinds of title transfer deed — a sale, gift or anything else.
Most people seek the assistance of deed preparation services for guidance through the complex process. There are several kinds of deed, and the wording on the contract determines the exact form of transfer to take place. Even with expert offering handholding through it all, it can help to know what the steps are. It can help you go forward with greater involvement and confidence.
Preparation of the New Deed
You should start by having a deed preparation service fill out for the new deed form for you with the name of the person that the title will be transferred to. It’s important to find a service with legal expertise. Mistakes, once they go on the record, can be hard to correct. If it’s a sale, the deed should mention the price paid. If it’s a gift, the deed needs to specify that fact.
The to have and to hold clause is one of the most important parts of any deed. It states the kind of title that the transferee possesses once the deed is recorded.
Certification and Notarizing
Every deed needs to be authenticated with a certificate of preparation that states for the record the names of the parties present during deed preparation process. Once certified, the deed needs to be signed in the presence of a notary public.
Payment of All Government Dues
Before a change of title can be recorded on the deed, it needs to go on the record that there are no unpaid taxes or other obligations due on the property. Such record comes in the form of a lien certificate. You need apply for one at the county. It can take weeks for the certificate to come through.
In the meantime, you’ll need to fill out a land instrument intake sheet at the office of the local division of land records to determine what transfer and recordation taxes will be due.
Then, you get to Record the Deed
Once all government dues have been paid and the land instrument intake sheet is duly signed as filed with the division of land records, you pay the recording fee.
Finally, the Deed Comes Through
Following the completion of the process, the land records clerk will satisfy himself that all financial documents are in order, file everything away, and return the original deed to you. Then, the government’s records will reflect the change in title.
It’s an involved, but logical process, ultimately. With a little familiarity, you’ll be able to handle the process with greater confidence.
