The Grantee is the buyer, recipient, new owner, or lien holder. When “vs.” appears on legal documents, the Grantor is on the bottom, the Grantee is on the top. Petitioner is the Grantee; Respondent is the Grantor.
- 1 What is grantor and grantee in real estate?
- 2 Is the grantor the owner?
- 3 Is a grantee a lender or grantor?
- 4 Who is the grantor and grantee on a release of mortgage?
- 5 What is the difference between grantor and guarantor?
- 6 Does a deed mean you own the house?
- 7 Who is the grantor and grantee on a subordination agreement?
- 8 Is a grantee the same as a trustee?
- 9 Is a grantee the same as a beneficiary?
- 10 Who is grantor in a trust?
- 11 Is the grantee the buyer?
- 12 Grantor Vs. Grantee: What’s The Difference?
- 13 An Explanation of What a Grantee Is in Real Estate
- 14 Five Types of Deeds Naming Grantor and Grantee
- 15 Chain of Title Searches
- 16 Grantee
- 17 Understanding Grantees
- 18 Special Considerations
- 19 Grantee Example
- 20 How to Identify a Grantor and Grantee in a Legal Document
- 21 What do grantor and grantee mean in Real Estate?
- 22 What is the grantor-grantee index?
- 23 5 common types of documents where you can find grantors and grantees
- 24 Grantor Vs. Grantee In Real Estate: Definitions & FAQs
- 25 What Is A Grantor?
- 26 What Is A Grantee?
- 27 What Is A Grantor Vs. A Grantee In Real Estate?
- 28 Transferring A Deed Or Title
- 29 What Types Of Deeds Name GrantorsGrantees?
- 30 Grantee BooksTitle Searches
- 31 GrantorGrantee Title InsuranceWarranty Deeds
- 32 Summary
- 33 What is a Grantee, What does it mean
- 34 What makes a Deed good and valid?
- 35 Recorder Glossery of Real Estate Terms
- 36 Deed Types – What Are The Differences? – MyTicor
- 37 For an Instrument to be a Valid Deed:
- 38 Deed Conditions
- 39 Types of Deeds
- 40 What does your deed say? – McAfee & Taft
What is grantor and grantee in real estate?
In real estate, a grantee is the recipient of the property, and the grantor is a person that transfers ownership rights of a property to another person.
Is the grantor the owner?
In general, a grantor is someone who transfers a property right to a grantee. In a real estate transaction, the grantor is the current holder of the property right, or in other words, the seller. The deed, which transfers ownership, is the grant.
Is a grantee a lender or grantor?
There are three parties to a deed of trust in California: borrower, lender and the trustee. The grantor is the person who is giving away the title or interest in the real property – the borrower. The grantee is the person receiving the property.
Who is the grantor and grantee on a release of mortgage?
Grantors and Grantees In mortgages and car leases, the grantor is the consumer and the grantee is the lender. In judgment and tax liens, the grantor is the debt holder and the grantee is either the government or the victorious plaintiff in a lawsuit.
What is the difference between grantor and guarantor?
Grantors – the party who transfers title in real property (seller, giver) to another (buyer, recipient, donee) by grant deed or quitclaim deed. Guarantors – a person or entity that agrees to be responsible for another’s debt or performance under a contract if the other fails to pay or perform.
Does a deed mean you own the house?
A house deed is the legal document that transfers ownership of the property from the seller to the buyer. In short, it’s what ensures the house you just bought is legally yours.
Who is the grantor and grantee on a subordination agreement?
In real estate parlance, the party conveying property is called the grantor. The party receiving the property is the grantee. Either party can be an individual, a business entity, or a partnership. The contract between the grantor and grantee establishes the terms of transfer between the parties.
Is a grantee the same as a trustee?
is that grantee is the person to whom something is granted while trustee is a person to whom property is legally committed in trust, to be applied either for the benefit of specified individuals, or for public uses; one who is intrusted with property for the benefit of another; also, a person in whose hands the effects
Is a grantee the same as a beneficiary?
As nouns the difference between grantee and beneficiary is that grantee is the person to whom something is granted while beneficiary is one who benefits or receives an advantage.
Who is grantor in a trust?
The grantor is the person who creates a trust, and the beneficiaries are the persons identified in the trust to receive the assets. The assets in the trust are supplied by the grantor. The associated property and funds are transitioned into the ownership of the trust.
Is the grantee the buyer?
The Grantee is the buyer, recipient, new owner, or lien holder. When “vs.” appears on legal documents, the Grantor is on the bottom, the Grantee is on the top.
Grantor Vs. Grantee: What’s The Difference?
Depending on the conditions of their transaction, grantors and grantees have a variety of different connections. The numerous forms of deeds and papers that they employ to describe their expectations and bind them are listed below: Here are a handful that you should be familiar with.
General Warranty Deed
In real estate, a warranty deed is a sort of legal instrument that is used to transfer ownership of real estate from the grantor (seller) to the grantee (buyer) (buyer). It is accompanied by specific assurances, which provide further protection to the grantee in particular. When a seller signs a general warranty deed, they are practically swearing that the property does not have any hidden title concerns. This guarantee extends to the period of time preceding the grantor’s acquisition of ownership.
A grant deed, also known as a limited warranty deed or special warranty deed in some states, is a legal document that enables the transfer of property between a grantor and a grantee. A general warranty deed offers more protection to both parties, but not as much as a limited warranty deed. With regard to the grant document, there are two types of warranties. One, that the grantor has the authority to sell the property and that the land has not been sold to anyone else in the past. And two, there are no outstanding title issues, such as liens or claims, against the property from their previous ownership.
As a result, it shields the seller from culpability in the event of earlier title difficulties while shielding the buyer from liability in the event of current title problems.
Quitclaim deeds are similar to warranty deeds in that they transfer ownership from the grantor to the grantee. However, the grantor’s interest in the property is not actually guaranteed by the grant. As a result, if the grantee discovers that the grantor did not own the property title or that the grantor sold real estate with title issues, the recipient will have no protection. Generally speaking, quitclaim deeds only appear in certain circumstances. You might, for example, use one to transfer property between members of your family.
Because of the absence of protection, however, both the grantor and grantee should make certain that they are both happy with the terms of the quitclaim deed before proceeding.
Special Warranty Deed
When compared to other types of deeds, this sort of deed provides an additional layer of protection to the grantee. Through the use of a special warranty deed, the grantor guarantees to the buyer that the property was free and clear of legal encumbrances throughout their possession. As a result, the grantor has paid off their mortgage and has the legal authority to transfer title, and no creditors have filed a claim against the property.
However, it is only applicable to the grantor’s ownership of the property. The seller is not liable for any claims filed against the property before they became the legal owners of the property.
Deed In Lieu OfForeclosure
Adeed in lieu of foreclosure is a last resort option for homeowners who want to avoid going into foreclosure. They willingly transfer ownership of their house to their mortgage lender with this document. In effect, a deed in lieu of foreclosure can assist you avoid having a foreclosure recorded on your credit report while also relieving you of the financial responsibilities associated with your home loan. However, it has the potential to be beneficial to both parties. Both the lender and the borrower benefit from the transfer since it avoids the expenses and repercussions of the protracted foreclosure procedure.
An Explanation of What a Grantee Is in Real Estate
A grantee is a legal phrase used in real estate that defines the individual buying a property. You can also be a grantee without acquiring a property deed. For instance, aland contractfeatures both a grantor and a grantee. The grantor is the owner, and the grantee is the buyer who is receiving an equitable interest (but not mere legal stake) in a property. It’s crucial that a deed properly outlines the grantee, grantor, and a description of the property involved. Any cryptic phrasing places both parties at risk for inquiry and possibly legal problems.
- A grantee is a legal phrase used in real estate to identify the person who is purchasing a property
- The grantee’s name must be clearly written on the deed
- And A property deed may be divided into five categories, which are as follows: warranty deeds, grant deeds, quitclaim deeds, interspousal transfers, and gift in lieu of foreclosure. Grantee books, which are large volumes containing solely grantees and kept at county courthouses and recorder offices, are commonly found in county courthouses and recorder offices.
Five Types of Deeds Naming Grantor and Grantee
Warranty deeds, grant deeds, quitclaim deeds, interspousal transfer deeds, and grant deeds in lieu of foreclosure are the five most frequent forms of property deeds, with grant deeds in place of foreclosure being the least prevalent.
1. Warranty Deed
With a warranty deed, the grantee obtains an assurance from the seller that the title will be permanently defended against claims from any and all parties. It assures that the seller has the legal authority to sell the property in its entirety. It also assures that there are no liens on the title that might prevent them from selling the property in the future. Above all, it is about safeguarding the grantee’s interests.
2. Grant Deed
A grant document provides the grantee with assurances that the grantor has not transferred the property to a third party throughout the grant period. Also assured is that all liens and limitations on the title that they are aware of have been declared to the proper authorities.
3. Quitclaim Deed
The grantee is entitled to whatever interest the grantor may or may not have in the grantee’s property. Even though the grantor of an aquitclaim deed has the legal authority to transfer the property, there is a slight risk that they may not actually own the land themselves. Because of the ambiguity, this sort of deed is often not utilized between parties who are not familiar with one another’s circumstances. Among family members, it is the most frequently utilized, and it provides the least level of protection under the law.
4. Interspousal Transfer Deed
A spouse’s stake in community property is transferred to the grantee through the use of this form of deed, and the grantee incurs no transfer tax as a result of the transfer. With the exception of circumstances in which the title was given as a gift from one spouse to the other, the title is passed between married spouses in most cases.
This is considered distinct property, rather than property owned by both parties. These deeds are most frequently utilized by couples who want to transfer the title to the spouse who has much superior credit; they may do this in order to obtain lower interest rates while refinancing their home.
5. Grant Deed in Lieu of Foreclosure
In this circumstance, the grantee is frequently the bank to which the borrower is obligated to repay a loan. The grantee receives the deed when the property owner relinquishes it. This is one of the steps they must do in order to be relieved of their mortgage obligation and avoid going through the foreclosure process. When a property owner has exhausted all other choices, it is frequently the final action to take. It’s possible that they’ve come to grips with the notion that they’ll be losing their house.
Chain of Title Searches
Grantee books, which are large volumes containing solely grantees and kept at county courthouses and recorder offices, are commonly found in county courthouses and recorder offices. Grantee books were used by title searchers to locate and document a chain of title, and many of them are more than 100 years old. Information is recorded into grantee books in alphabetical order, with entries listed by last name first, with entries listed alphabetically after that. The legal description of the land, the property location of the land, and the improvements being conveyed, as well as the date of transfer, are all included next to the grantee’s name.
This sort of title search is only performed if there have been no recent title transfers, such as when a property has been in the same family for 50 years or longer. The majority of other transfers, on the other hand, are taken digitally. Even if you know the name of the current property owner, but you aren’t sure who the prior owners were or if the title transfers were done properly, you may utilize the grantee book to figure out when and from whom the current property owner received the title to the property.
Then, after locating the deed of the grantor conveying ownership of land to the grantee, you may search for the grantor’s name in the grantee book until you locate the date on which that individual received title.
A grantee is the person who receives a grant, scholarship, or some other asset, such as real estate, as a result of their efforts. A grantor, on the other hand, is a person or entity who transfers ownership of an asset to another person or entity, known as the grantee, through the transfer of ownership. Identification of the grantee and grantor is particularly significant in legal papers since specific tasks, responsibilities, rewards, and limits are allocated to each party in the agreement.
A grantee is the person who receives something that has been awarded or given to them. The phrase can be applied in a variety of situations and across a wide range of businesses and institutions.
In real estate, the grantee becomes the legal owner of the property that has been acquired. In academics, a grantee is someone who has been awarded a scholarship or grant. It is possible for grantees to become the recipients of stock options in the financial business.
- A grantee is someone who has received something, such as a college scholarship or a piece of real land. A grantor is a person or entity who transfers the interest in or ownership rights to an asset to another person or entity
- A grantee is a person or entity who accepts a grant from a grantor. Deeds and other legal papers, such as powers of attorney, outline the transfer of assets between grantors and grantees. According to the form of legal document used, the rights and interests transferred to a grantee are subject to certain restrictions.
Deeds, for example, are legal papers that transfer ownership of an item from one person to another by naming the grantor and grantee as the parties that have the interests and rights to the object. However, depending on the form of legal document used, the specifics of what is being transferred may change. An aquitclaim deed, for example, in real estate does not give any assurances to the grantee as to the current condition of the property’s title. If there are any title problems, this form of deed might make the grantee impotent, as no interest in the property is passed to the grantee as a result of the defect.
In particular, special warranty deeds ensure that the grantor has an item, such as real estate property, and that there have been no difficulties with the title during their ownership of it.
General warranty deeds include warranties and covenants, and they provide the greatest amount of protection to grantees.
It is not restricted to difficulties that emerged during the seller’s time in possession of the property.
Using a grantor-grantee index, a county may keep track of real estate transactions by identifying who surrendered ownership of a property and who took possession of it in the first place. The index also contains information on the legal description of the property, its location, and the type of paperwork that was used to transfer title (e.g., quitclaim deed, trust deed, or tax lien). Typically, the county recorder is in charge of keeping the index up to date.
The parties involved in a debt lien are referred to as grantors and grantees in some circles. The most prevalent types of liens are mechanic’s liens, tax liens, and judgment liens, to name a few examples. An automotive loan is a financial arrangement in which the car’s owner (grantor) transfers their interest in the vehicle to a lending institution (grantee). A security interest in an asset exists between a grantee and the asset until the loan is repaid by the grantor. If the grantor fails to comply with the terms of the contract, the grantee may seize control of the asset.
How to Identify a Grantor and Grantee in a Legal Document
Contracts define the conditions of a connection between two or more parties, usually in the context of a transaction or a series of transactions. One example is the exchange of services in exchange for compensation between an employee and an employer. During financial transactions, a contract is used to formalize an agreement between the parties who are delivering a product, providing a service, or providing property and the parties who are receiving it. Thegrantor is the term used to refer to the party who is transferring ownership of real land.
Any of the parties can be an individual, a commercial entity, or a partnership in the case of a lawsuit.
A real estate or property transaction contract that does not explicitly identify the grantor and grantee may result in serious ownership disputes and conditions of transfer, either immediately or in the future, depending on the circumstances.
Unfortunately, the entities that are filling the responsibilities are not always readily apparent to the public. Recognizing the grantor and grantee inside a contract might feel like a treasure hunt for those unfamiliar with the terms of the agreement.
Documents Outlining a Grantor and Grantee Relationship
Real estate contracts are not the only legal papers that may be used to represent the grantors and grantees of a gift.
- The relationship between landlords and tenants is known as the grantor-grantee relationship. When a motor vehicle is sold, the seller is referred to as a grantor, and the buyer is referred to as a grantee. Various business arrangements, subordinations, junior partnerships, and other connections can be used to formalize the relationship between a grantor and a grantee. Grantors and grantees are both parties involved in financing agreements and wills.
Real estate contracts, on the other hand, can extend for decades, which is far longer than the majority of the partnerships described above. The majority of real estate transactions are basic and unambiguous. Both the grantor and the grantee may be plainly distinguished. Although there is no intentional or purposeful distortion, it is not always simple to distinguish between the entities that play the roles that they have been assigned. The contract that is commonly used to specify these sorts of transactions is referred to as an adeed.
Types of Deeds
Deeds are often divided into two categories: official and private. Official acts are those that are performed in the course of legal or court processes. Private deeds are most typically used in the context of a real estate transaction. Depending on the sort of title warranty offered by the grantor, several types of deeds are classified.
- In the event that the grantee is working under the disadvantage of limited information, a general warranty deed provides the maximum level of protection. An agreement in which the grantor makes a series of legally enforceable promises (covenants) and guarantees to the grantee and their successors in order to protect them against earlier claims by any other party
- When the grantor declares (promises) that they gained title and that they would only warrant flaws emerging during the time of their holding, rather than previously, they are said to have executed a special warranty deed. Aquitclaim deed is sometimes referred to as a non-warranty deed in some circles. It offers the least level of protection to a grantee and makes no representations or warranties as to the quality of the title in question. Court proceedings and other scenarios where the deed is from someone acting in an official capacity are common places where special purpose deeds are utilized. These provide essentially minimal protection to the grantee and, as a result, are nearly identical to quitclaim documents.
There are several types of covenants in a general warranty deed, including the covenant of seisin, the covenant against encumbrances, a covenant of peaceful enjoyment, and a covenant of additional assurance among others. Administrator’s deeds, executor’s deeds, sheriff’s deeds, deeds in lieu of foreclosure, and gift deeds are all examples of special purpose deeds that can be used in a variety of situations. A grantor transfers ownership of real property through the use of a deed. The property is transferred to the grantee.
Locating the Grantor or Grantee in a Document
The grantor and grantee of a real estate document are usually explicitly identified in the document. For example, in title deeds, the grantor’s name or an alias is frequently included in the opening line or paragraph of the document, as is the case with other legal documents. Some deeds, on the other hand, conceal the grantor’s name within the context of the property description and trade considerations. In real estate transactions originating in the United States, it is advantageous that the grantee’s identity is preceded by that of the grantor.
Not so helpful is that chain of title searches are carried out through the use of grantee books, which are, as the name indicates, sorted in alphabetical order by the identity of the grantee.
- The majority of them are organized alphabetically, with the entries organized by the grantee’s last name. The grantee is given first, followed by the legal description, property address, and improvements. The record contains the date on which the transfer occurred
- Specifically, the title transfer book and page number of the deed are recorded
To locate previous grantors, you must work backwards from the current owner’s title information, utilizing the grantee information to discover when and from whom the present owner got the title. As soon as you have determined the grantor’s name from the deed that conveyed ownership of the property to the present owner (grantee), you may search for it in a grantee book to discover when a prior entity or individual obtained ownership of the property. The good news is that you would only need to consult the grantee books if there hasn’t been a transfer of title in the last several years.
- One of the most important aspects of producing a deed is ensuring that the grantor and grantee can be distinguished.
- The grantor and grantee are not permitted to appear in the first few lines or paragraphs of the grant.
- If everything else fails, the signatures at the conclusion of the contract should be sufficient to identify each party.
- Additionally, digital signatures are easier to decipher.
- It is important to note that the grantor’s name should appear first in the contract, followed by the grantee’s name, unless otherwise specified.
To assist you in verifying the identities of the grantor and grantee, compare the identities from the property description with the identities from the signatures.
What do grantor and grantee mean in Real Estate?
Both the grantor and the grantee are two sides of the same coin in this case. They coexist, and one might even argue that they are a part of each other’s creation. That’s why we’re included both phrases in the Real Estate IQ dictionary at the same time. Continue reading to learn about their distinctions, kinds, and the methods through which they are documented. To begin, they are both legal expressions that emerge when something is ready to be transferred from one party to another. The grantor is the individual or entity who transfers ownership or rights to another individual or business.
Maintaining the perspective that attorneys are competent specialists to seek advice on legal matters is important.
In this instance, the homeowner transfers ownership through the use of a deed (the legal record where the transaction is documented).
However, when it comes to mortgages, the grantor is also the borrower in most cases.
What is the grantor-grantee index?
Because the deed is a legal document, it must be preserved and made readily available for inspection. Essentially, the index is a collection of documents that include information on the present and previous owners of real estate. A grantor’s list and a grantee’s list are normally kept together at the County Recorder’s office, with the grantor’s list being kept separately. Everyone has the ability to trace the history of a piece of property thanks to these documents. In addition, the index contains the legal description of the property, its location, and the kind of document that was used to transfer title.
5 common types of documents where you can find grantors and grantees
These words can be found in a number of different contexts. The advantages and duties, on the other hand, are distinct from one another. The following are five of the most often encountered:
- Warranty deed: In this document, the grantor certifies that the title is free of liens or other obstacles that would hinder him or her from selling the property and that he or she has the legal authority to do so. The grantees are therefore shielded from claims to the title that arise prior to the acquisition. Grant deed: In this case, the grantor certifies that the property has not been sold to anyone else and that there are no further barriers or liens other than those already mentioned
- A quitclaim deed is a form of deed in which the grantor does not make any representations or warranties regarding the lawful ownership of the property. The fact that it is typically utilized in divorces (since the seller “quits” any rights to the property) or among family members is crucial to remember because it provides the least level of legal protection. Interspousal transfer deed: This is a type of interest transfer between married spouses in which the grantee is not required to pay transfer tax. The grantor in this situation is the bank rather than the buyer since a loan was required for the acquisition, but the mortgage had not been paid off
- Grant deed in lieu of foreclosure: in this case, the grantor is the bank rather than the buyer
Disclaimer: The blog entries are designed solely for educational and informational reasons and should not be considered advertisements. Nothing in the text is intended to be taken as legal or financial advice of any kind. Sources:
Grantor Vs. Grantee In Real Estate: Definitions & FAQs
The Most Important Takeaways
- Grantor and grantee definitions
- The difference between a grantor and a grantee in real estate
- Deeds involving grantors and grantees
Purchasing a house is one of life’s most major milestones, and for many individuals, it is a source of immense joy and fulfillment. However, there is a significant amount of paperwork involved in the procedure. If you’re a real estate attorney, the most of this documentation will be routine to you. Having said that, the legal jargon involved might be difficult to understand for the typical homeowner. However, understanding foreign phrases and legal jargon does not have to be difficult.
Generally speaking, they are easy to understand and may be presented in simple terms. With that in mind, let’s take a look at the phrases grantor and grantee, which you’ll come across in practically any real estate transaction at some point.
What Is A Grantor?
In real estate, the grantor is the person who currently owns the property. Should there be a sale, the grantor will be the one who makes the transaction. A grantor, on the other hand, can be anyone, including a spouse or even a governmental authority such as a County Sheriff.
What Is A Grantee?
According to basic legal principles, the grantee is the individual who gets an asset, such as cash payments, scholarships, or real land. When a real estate transaction takes place, the grantee obtains the title from the grantor, which is known as the grantor’s grant. Additionally, a scholarship winner is regarded to be the grantor of a scholarship award. It is important to note that when a deed or title is prepared, the names of the grantor and grantee are clearly stated. This ensures that the property is lawfully transferred from one party to the other at the end of the transaction.
What Is A Grantor Vs. A Grantee In Real Estate?
The grantor and the grantee are typically individuals who are transacting an exchange. However, the grantor or grantee can also be a company or organization. For example, a city might seize a property for unpaid taxes, or a developer might sell hundreds of homes to individual customers. In fact, a grantor/grantee relationship doesn’t have to be an outright sale. It can also be a conditional or temporary relationship. A good example of the former is a lessor/lessee relationship. In this arrangement, the lessor (landlord) grants temporary occupancy in exchange for monthly rent payments.
A good example of a conditional relationship is a mortgage.
The homeowner agrees to make payments in exchange for the removal of the lien when payment is complete.
Transferring A Deed Or Title
Depending on where you live, the legal wording used to transfer property ownership may differ from state to state. The formal ownership document, for example, is commonly referred to as a deed, while some states refer to it as a title instead. Whatever the case, they’re essentially the same thing. As part of the closing process, the buyer’s attorney or real estate agent will normally do a title search on the property. This is a check of public records to determine whether or not the title is “clean.” This indicates that there is a clear record of ownership, beginning with the earliest public documents and continuing up to the current owner.
What Types Of Deeds Name GrantorsGrantees?
There are various different forms of deeds that may be used to identify grantors and grantees. These are some examples:
- A general warranty deed, a grant deed, a quitclaim deed, a special warranty deed, a deed in lieu of foreclosure, a special purpose deed, an interspousal transfer deed, and a quitclaim deed
However, not all of these deeds function in the same manner when it comes to transferring permanent legal ownership of a piece of land. Let us take a closer look at each of them!
General Warranty Deed
A broad warranty deed provides the grantee with the greatest amount of protection. In this type of deed, the grantor not only promises that they have a clear title, but they also undertake to pay any legal expenses that may be incurred if a third party attempts to claim the title.
Generally speaking, a grant deed is the most typical sort of real estate transaction. An executed grant deed provides the grantor with an assurance that all known and unaddressed liens and limitations have been revealed. They also warrant that they have not transferred ownership of the property to a third party.
When a grantor executes an aquitclaim deed, he or she gives no warranties of any sort. They just sign away any ownership rights they may have – and there is a possibility that they may have no ownership rights at all. Due to the fact that this sort of deed provides essentially no legal protection to the grantee, it is nearly never utilized between complete strangers. Having said that, it can occasionally be utilized in transactions between members of the same family.
Special Warranty Deed
A unique warranty deed isn’t truly all that unusual in the first place. It is a type of transfer in which the grantor guarantees that no new liens or other encumbrances have been placed on the property while they were the owner. This is most frequently done by lenders that wish to market a house as soon as possible following a foreclosure.
Deed In Lieu Of Foreclosure
Foreclosure alternatives are created when a homeowner grants permission to a lender to foreclose on their house. According to this scenario, the homeowner has fallen behind on their mortgage payments, and the bank has threatened to foreclose on their property. Instead, the homeowner agrees to relinquish complete ownership to the lender and to forgo the expense of going through the process of foreclosure.
Special Purpose Deed
A special purpose deed is a type of deed that is utilized by public authorities or those who are performing official duties. Individuals who are the executors of wills or sheriffs who hold property auctions are examples of those who fall into this category. In this situation, the grantee will not be able to hold the official personally liable if they are required to defend their title in court later on. They may, however, be able to file a lawsuit against a larger organization. For example, if you purchased a house at a sheriff’s auction, you may be entitled to file a lawsuit against the county or the sheriff’s department.
Interspousal Transfer Deed
An interspousal transfer deed is a conveyance of property from one spouse to another that is free of charge and tax-free. The second spouse is deemed to be the legal owner of the property (the grantee). It is not considered to be common property. In most cases, an interspousal transfer deed is used when one spouse has higher credit than the other. By transferring ownership to that spouse, they will be able to refinance at a lower interest rate in the future.
Grantee BooksTitle Searches
Grantee books are an old-fashioned method of recording title transfers that are still in use today. These volumes are crammed with lists of grantees, who are arranged alphabetically by last name. This makes it simple to trace the ownership history of a piece of property. Depending on your jurisdiction, you may be able to access paper documents that date back more than a century. Most newer records, on the other hand, are often computerized, and many jurisdictions are already in the process of digitizing their older records.
You work your way backwards through the grantee book, from each owner to the one before them. After that, you repeat the process until you reach the earliest record available in your jurisdiction. The title is regarded clean as long as there is no evidence of a previous owner breaking the chain.
GrantorGrantee Title InsuranceWarranty Deeds
If you are the grantee of a deed, even if it is a general warranty deed, you should consider purchasing title insurance to protect your investment. For the most part, your lender will insist on your purchasing it; so it is not only mandatory but also not optional unless you are purchasing your home altogether. A common practice in real estate transactions is for the grantor to pay the title insurance fees on the grantee’s behalf. This is advantageous to both parties for a variety of reasons. For starters, insurance is often inexpensive, so it is not a significant financial burden.
The phrases grantor and grantee may appear to be difficult to compare and contrast, but as you can see, they are actually rather simple. In a real estate transaction, the grantor is the person who signs over the title in an official position, such as the seller, the landlord, the lender, or another party involved in the transaction. The grantee is the person who will become the new homeowner or tenant. Simply said, that’s the whole story! Interested in learning more about taking advantage of the current real estate opportunities?
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What is a Grantee, What does it mean
A grantee is a legal entity that has been granted ownership of a piece of real estate. The grantee is the person who purchases the grant. Upon selling the property, the grantee is deemed to have transferred ownership of the property to the grantor. To put it another way, the grantee is the receiver. You can be a grantee even if you do not get a deed to the land. The grantor and grantee in a land transaction, for example, are both parties to the deal. The grantor is the owner of the property, and the grantee is the buyer who is getting an equitable interest in the property, rather than a mere legal right in the same.
Types of Deeds Naming Grantor and Grantee
The following are the five most prevalent forms of property deeds:
- A warranty deed provides the grantee with a warranty from the seller to defend the title against any claims for the rest of his or her life
- With the grant deed, the grantor assures that he has not transferred his property to another party and that he has revealed any liens and limitations on the title to which he is aware. In a quitclaim deed, the grantor transfers to the grantee any interest the grantor may or may not have in the property
- This sort of deal provides absolutely no assurances and is commonly used among family members. The recipient acquires the interest of a spouse, including a lifetime interest in communal property, and there is no transfer tax due.
- Grant of a deed in lieu of foreclosure: The grantee is often the bank to which the borrower owes a debt that will not be repaid
- The grantee is not always the bank.
Chain of Title Searches
Just when you thought things couldn’t get any more intriguing, you’re going to learn that county courthouses/recorder offices hold large books that are solely devoted to grants of land. They are referred to as grantee books in their simplest form. Many of the grantee books are more than 100 years old, and some are much older. Information is recorded into grantee books in alphabetical order, with entries listed by last name first, with entries listed alphabetically after that. Grantee books were used by title searchers to discover and document a chain of title.
The grantee book contains a notation about the book and page of the deed that was utilized to transfer title.
If you move backward in the public record of the grantee book, you can figure out when and from whom the current owner of the property received title by working your way through the grantee book’s public record.
A title search of this nature is carried out only if there have been no recent title transfers, for example, if the property has been in the same family for 50 years or more, and if there have been no recent title transfers. The majority of other transfers, on the other hand, are taken digitally.
What makes a Deed good and valid?
DEEDS – The Good, the Bad, and the Ugly, also known as The Good, the Void, and the Voidable, are three types of deeds: What is necessary for a Deed to be legal, whether it be a Grant Deed or a Quitclaim Deed? Under California law, just signing a piece of paper and stating that you are transferring ownership of property to another person is not sufficient. Here is a list of the issues that must be addressed:
- It is necessary to provide the names of the person who is giving (the Grantor) and the person who is receiving (the Grantee)
- It must be stated explicitly in the document that you are transmitting, giving, or relinquishing title to the property. Be in possession of accurate property identification – often the legal description or at the very least the property address
- And This document must be properly executed if the Grantor is capable and competent to do so. In order to hold title, the Grantee must be capable of doing so (no pets or persons who have died are permitted)
- The grantor must accept the transfer of title, and the grantor must give the paperwork transferring ownership to the grantee.
According to common belief, the Deed does not need to be recorded in order to be effective or to demonstrate delivery, and as a result, the Deed does not need to be signed in front of a Notary Public. However, if you intend to have it recorded, it must be notarized in order to comply with the County Recorder’s requirements for recording. There are also Deeds that are categorically VOID – meaning they are no longer valid – and those that are VOIDABLE – meaning ownership can pass subject to specified procedures to verify their validity.
- A forgery of a document
- When a person is declared to be mentally incapable, a deed signed by that person is valid. It is possible to sign a deed without understanding what you are signing
- Nevertheless, this is not recommended. It is a deed in which the Grantee’s name has been entered in without the Grantor’s permission. A deed signed by a minor (someone under the age of eighteen)
- A deed in the name of a fictional individual
What constitutes a VOIDABLE deed in the eyes of the law?
- A deed that has been obtained via deception, error, or coercion
- It is a deed performed by someone who may be mentally incompetent. A deed that was intended to be given but was not (was stolen)
- A deed that has been altered without the Grantor’s knowledge or consent
- A deed that has been altered without the Grantor’s knowledge or consent
If you have any more concerns about Deeds or if you have issues about a specific circumstance, please ask your Escrow Officer and seek independent legal and financial advice. The material supplied on this website should not be considered as legal or financial advice, which is something that Viva Escrow! Inc. is unable to provide. Please seek the advice of your own legal and financial counsel on any specific queries or difficulties you may be experiencing.
Recorder Glossery of Real Estate Terms
The term “affidavit” refers to a written statement or declaration that is sworn before an officer who has the authority to administer an oath. TRANSFER OF TITLE TO LAND IS DEFINED AS CONVEYANCE. INCLUDES MOST OF THE INSTRUMENTS USED IN THE CREATION, MORTGAGE, AND ASSIGNMENT OF AN INTERESTS IN REAL ESTATE. The term “deed” refers to a written document that, when executed and delivered, conveys ownership of or interest in real estate. TRUST DEED– A legal document that grants a TRUSTEE the authority to sell, mortgage, and subdivide a piece of real estate in his or her name.
- A TRUSTEE’S PROPERTY IS TRANSFERRED BY MEANS OF A TRUSTEE’S INSTRUCTION.
- The term “grantee” refers to the person who receives a conveyance of real estate from the grantor.
- The term “joint tenancy” refers to the ownership of real estate shared by two or more parties who have been named as joint tenants in a single conveyance.
- COURT DECISION– THE FORMAL DECISION OF A COURT ON THE RESPECTIVE RIGHTS AND CLAIMS OF THE PARTIES IN A COURT OF LAW OR ACTION.
- The term “lien” refers to an encumbrance against property for money, which can be either voluntary or involuntary in nature.
- LIS PENDENS– A RECORDED LEGAL DOCUMENT GIVING CONSTRUCTIVE NOTICE THAT AN ACTION AFFECTING A PARTICULAR PROPERTY HAS BEEN FILED IN EITHER A STATE OR A FEDERAL COURT OF APPEAL OR REFERENCE.
- SECURITY FOR THE PAYMENT OF A DEBT is provided through a mortgage, which is a conditional transfer or pledge of real estate.
A MORTGAGEE is an LENDER who participates in a mortgage loan transaction.
ITEMS KNOWN AS CHATTELS that do not fall within the definition of real property; MOVEABLE OBJECTS are examples of personal property.
A QUITCLAIM DEED IS A CONVEYANCE BY WHICH THE GRANTOR TRANSFERS ANY INTERESTS HE OR SHE MAY HAVE IN REAL ESTATE WITHOUT ASSURING ANY WARRANTIES OR OBLIGATIONS TO THE RECEIVER.
If one spouse passes away, the survivor becomes the legal owner of the property in the other’s name.
TENANTS IN COMMON, IN CONTRAST TO JOINT TENANTS, HAVE THE RIGHT OF INHERITANCE.
the right to or ownership of land Land ownership documentation is referred to as the “evidence of ownership.” The term “trust” refers to a FIDUCIARY arrangement in which property is conveyed to a person or institution, referred to as a “trustee,” to be held and administered on behalf of another person, referred to as a “beneficiary.” TRUSTEES are individuals or organizations who hold and administer property on behalf of other people, known as “beneficiaries.” The person who conveys trust is referred to as the TRUSTORS.
- The trust deed is an instrument used to establish a mortgage lien in which the mortgagor transfers ownership of his or her property to a trustee, who holds it as security for the benefit of the note holder (the lender); it is sometimes referred to as a trust deed.
- The term “TRUSTEE’S DEED” refers to a deed executed by a trustee that conveys ownership of land held in trust.
- Unified Commercial Code: A SECURITY AGREEMENT is a legal document that establishes a party’s security interest in a chattel.
A WARRANTY DEED is a legal document in which the grantor unconditionally guarantees that the property is free and clear of encumbrances. A WARRANTY DEED, which is used in the majority of real estate deed transfers, provides the most comprehensive protection available in any deed.
Deed Types – What Are The Differences? – MyTicor
A deed is a legal document that is used to transfer ownership of a property. The deed is best recognized as a mechanism of transferring title to real estate from one person to another, and it is frequently used to describe the property’s “metes and bounds, by lot, block, and subdivision, or by parcel/lot and short plat” in order to do this. Powers of attorney, commissions, patents, and even diplomas giving academic degrees are considered to be deeds under the generic sense of the word “deed.”
For an Instrument to be a Valid Deed:
- All transactions must be documented in writing. The transfer of interests in real property must be done via the use of a documented deed, which must include evidence of consideration, according to the Statute of Frauds. Although the consideration might be trivial (as in “gifting” something), it can also be for “love and devotion” or for “$1.00 and other excellent useful consideration.” Deeds must provide an accurate legal description of the real property being conveyed. Documents must be signed by the grantor (the previous owner), and the title officer and escrow closure must verify the grantor’s identification and permission. Deeds must be acknowledged “by the party…before any person authorized by… to accept acknowledgments of deeds”
- And deeds must be handed to the appropriate party. Delivery happens when the grantor relinquishes physical control over the deed with the goal “that the deed should be used to transfer title as soon as possible.”
Conditions are terms that are linked to the acceptance of a deed and are defined as follows: A deed is used in the transfer of real estate to transfer ownership from the previous owner (the grantor) to the new owner (the grantee), and it can include a variety of guarantees to protect the new owner. The specific nomenclature of these warranties varies from one country to the next. The fundamental distinction between them, however, is the extent to which the grantor certifies the ownership of the land.
Types of Deeds
|Types of Deeds|
|Special Warranty Deed||This warranty may be limited only to claims which occur after the grantor obtained the real estate.|
|Warranty Deed||The grantor (grantor name) for and in consideration of (insert consideration) in hand paid, conveys and warrants to (grantee name) the following described real estate (insert description), situated in the county of, state of Washington. Dated this — — day of — —, 20_.|
|Bargain and Sale Deed||The grantor (grantor name), for and in consideration of (insert consideration) in hand paid, bargains, sells and conveys to (grantee name) the following described real estate (insert description) situated in the county of _, state of Washington. Dated this — day of, 20_.|
|Quitclaim Deed||The grantor (grantor name) for and in consideration of (insert consideration) conveys and quitclaims to (grantee’s name) all interest in the following described real estate (legal description), situated in the county of, state of Washington. Dated this — — day of _, 20_.|
|Deed of Trust||Used as an equivalent to a mortgage. A trust deed isn’t like the other types of deeds; it’s not used to transfer property directly. It is commonly used in some states (Washington, for example) to transfer title to land to a “trustee,” usually a trust or title company, which holds the title as security (“ in escrow”) for a loan.|
|Grant Deed||Used for the transfer of property from one person to another person. Each party is required to sign it. Then the document must be notarized, or marked accordingly to show that it was signed before a Notary public. The reason the document must be notarized is that these transactions are frequently forged.|
|Sheriff’s Deed||A deed issued to the buyer of property (grantee) that was sold under court order to pay off a debt.|
|Tax Deed Sale||The forced sale, conducted by a governmental agency, of real estate for nonpayment of taxes. It is one of two methodologies used by governmental agencies to collect delinquent taxes owed on real estate, the other being the tax lien sale. Real estate taxes are considered delinquent if not paid within a specified period of time. If the taxes are not paid, after notice is given to the property owner (as well as others holding an interest in the property, such as a mortgage company), the property is sold at public auction to the highest bidder.|
Title Insurance was published on November 19, 2014 in the blog.
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What does your deed say? – McAfee & Taft
McAfeeTaft represents customers in connection with the purchase, sale, and financing of agricultural real estate on a regular basis. In these transactions, difficulties such as assurance of title, surveys, boundary disputes, environmental concerns, and the management of improvements occur, as well as issues that are frequently associated with real estate transactions, such as the handling of upgrades. When it comes to the agricultural industry, land represents a major amount of an agribusiness’s total assets.
- My great, great uncle Hazen John Marshall established the Marshall family property near Hennessey, Oklahoma, during the 89er Land Run, and my grandpa Hazen Earl Marshall continues to reside on a portion of that land today, as does his son Hazen Earl Marshall.
- It arises as a result of deeds transferring ownership from one owner to the next.
- It is important to grasp the differences between the various forms of deeds, as well as to fully comprehend what your deed states, even if there is little danger in transferring between family members.
- Regardless of whether you are the grantor or the grantee, you must be aware of the sort of deed that will be utilized in this circumstance.
- Being aware of the distinctions between these three types of deeds is essential to knowing your duties as a grantor and your rights as a grantee in the future.
In addition, it carries some implicit promises from the donor of the grant. The implied warranties in Oklahoma (and, to a greater or lesser extent, in most other states) are as follows:
- The grantor is the legal owner of the subject property and is in possession of it. In order for the grantee to receive the subject property, the grantor must have the legal right and power to do so. In addition to what has already been revealed or is indicated in the deed, there are no further liens or encumbrances against the subject property. It is anticipated that the grantee would have “quiet and peaceful possession” of the subject property, while the grantor will protect his or her ownership interest in the subject property.
Despite the fact that they are important in defining the type of deed being utilized, these implied guarantees are unlikely to be contained in the wording of the deed itself. An alternative is to insert a few basic legal phrases, generally after the description of the land, that effectively contain these implicit guarantees without the need for them to be expressly stated in the deed’s actual language. The phrases “and warrant title to the same” are used in conjunction with the grantor’s conveyance, and 16 Oklahoma Stat.
In a general warranty deed, the grantor warrants and covenants to defend title to the subject property against claims and demands in the subject property made by any and all parties claiming rights in the subject property that existed prior to the transfer, whether caused by the grantor or otherwise.
As a result, the grantor is asserting that he has clear title, with the exception of those issues specified on the exhibit.
There are a few instances when this is innocuous wording, but there are numerous instances where there are items of record that the grantee would prefer to have deleted before acquiring ownership of the land.
Under the terms of a special warranty deed, the grantor only warranties and undertakes to defend the title against claims and demands that are directed only at the grantor and not against any other party.
When a property is subject to a mortgage by a predecessor in title, the existence of such mortgage would not constitute a breach of the grantor’s particular guarantee, as would be the case in this scenario.
The grantor’s limited guarantee provided by a special warranty deed is subject to certain exclusions, which are included in most special warranty deeds, such as the grantor’s assurance that the property is free of encumbrances and liens.
As a result, it is critical for grantees to thoroughly consider the authorized exceptions attached to general and special warranty deeds before executing the documents.
During the execution of a quitclaim deed, the grantor simply transfers its whole interest in the listed real estate, without making any warranty or representation as to whether or not the grantor actually has any interest in the subject property.
In the event that a title dispute emerges with the property, the type of deed you employ will have an influence on the duties of the grantor and the rights of the grantee.
It is only if the grantor is responsible for the title issue that a grantee can assert a claim against the grantor under the provisions of a special warranty deed.
Because of these nuanced variances, the form of deed to be utilized in a property sale or purchase between unrelated third parties might be a matter of discussion in and of itself in some cases.
When it comes to the agricultural business, the deed is frequently the only document that is required to transfer ownership. Keep an eye out for an explanation of real estate purchase agreements and title insurance in subsequent issues of the AgLINC.