Transferring a Real Estate Deed

Has the sale of your home in Carlsbad gone through and you need to transfer the ownership? Is it retirement that you just have done, and you are looking to turn over your house to your children? Either way you’ll have to transfer the deed of your Carlsbad real estate.

The process is pretty easy, so it won’t take much of your time according to an article in realtor.com.

Why Transfer Real Estate Deeds?

It is required to do so if you r 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.

What you need the Lawyer to do

The real estate transfer deed will be prepared and filed by the real estate attorney. The real estate and the individual or individuals who are taking over the title (who all need to be listed) will have to provide the attorney with basic information.

An inquiry will be made by your real estate attorney to find out the legal description of your property. The real estate attorney will also verify the current owners that show up on the deed. There is three categories to this process.

  • For a transfer to a trust, a certificate of trust or abstract of trust needs to be supplied
  • An article of incorporation or a certificate of formation needs to be provided for a business transfer
  • A legal copy of the death certificated will need to be supplied with an affidavit arranged in case of the death of a co-owner is on the current deed

What You Need to Do

Once you sign the new real estate over, it should be filed with the correct county recorder’s office. Typically the filing and recording process takes between a month or two, and the deed of the new real estate in Carlsbad will be sent through snail mail.

Transfer between Relatives

At times, the children takes 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 witness will be necessary, but when completed make sure you make copies of the documents.

 

By Linda Moore

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