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Tractor Talk Discussion Board

Re: OT - Question re: Warranty Deed, etc.


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Posted by John T Attorney at Law on January 29, 2009 at 18:56:31 from (98.108.10.27):

In Reply to: OT - Question re: Warranty Deed, etc. posted by IHC Red on January 29, 2009 at 16:55:54:

Red, a Deed is the legal document used to convey the Grantor's ownership rights in real property over to the Grantee.......It is the legal means to transfer ownership of real property

If the deed is recordable (must meet certain legal requirements) the local County recorder will copy the deed and place/record it in the official book of records where it is an open public document to serve notice on all of who the owner is.......

A "Quitclaim Deed" only conveys whatever (be it fee simple or absolutely nothing at all) ownership rights the Grantor (Seller to a lay person) has over the the Grantee (buyer for a lay person) . I can legally give you a quitclaim deed to the Brooklyn Bridge, because unlike a Warranty Deed I AM NOT warranting its mine or I have fee simple ownership or anything at all

To the contrary, a Warranty Deed carries four statutory warranty/guarantees among which are the Grantor is lawfully siezed of the property and warrants it be free and clear of liens and encumbrances SUBJECT TO certain covenants and restrictions of record and other possible restrictions which an abstracter or one who searches titles might find. Title Insurance IS NOT NECESSARILY something you would get in a private transaction where no banks are used for the buyers loan. If theres a defect in title its the Grantor/Warrantor you have to sue versus if title insurance is involved the title company would stand liable under the terms of their policy.

YOUR CONCERNS:

My understanding is that they no longer give a formal "deed" for city properties like they do for a piece of rural ground.

WRONG see the above, it dont matetr where the property is located, rural or urban


I know laws vary from place to place. My question is: Will I receive any papers (deed or otherwise) stating that I own this place ? If not, do I have any legal right to request one ?

You get whatever you contracted for (like an offer to purchase if used), if it was cash for real estste and you tendered the cash and a Warranty Deed is what you bargained for A WARRANTY DEED IS THE METHOD BY WHICH YOU GET OWNERSHIP OF THE REAL ESTATE so if thats what you bargained for and you got it thats it.....

Basically a deed is all you get and need so if you have that GET IT RECORDED ASAP

IMPORTANT NOTE you want to run/race to the Recorders Office and have that deed recorded to protect your interests and serve legal notice to the world. Indiana is a race notice state (not sure where you live) so if someone else beats you to the recorder also with a deed to the same property, youre wayyyyyyy behind the 8 ball

I would like to have a deed from the county that says I am the owner

SORRY CHARLIE The county DOES NOT give you a deed, the county recorder can record it and give it back you (will have his official stamp n seal ect) once its recorded

DISCLAIMER I get a kick out of legal questions here cuz everyone and their brother in law jumps out of the woodwork and offers their lay opinions in a good faith effort to help, much of it is excellent other maybe not quite so good SO USE CAUTION OF LAY OPINIONS AND ASK A LOCAL ATTORNEY IS MY BEST FREE PROFESSIONAL ADVICE. Even a trained professional attorney only renders an educated legal opinion, its what a court of competent jurisdiction rules that matters. Also its impossible to render even a good professional opinion without knowing all the facts and researching your local laws soooooooooo even my attorneys opinion is worthless and exact what you paid for it lol

Best wishes n God Bless,,,,,, consult a local attorney and GET THE DEED RECORDED

John T BSEE, JD
Attorney at Law in Indiana


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