Thursday, June 2, 2011

Who Is Russ Dalbey

By Alberto Stevenson


A deed is a legal device that awards a right. In real estate, it is a lawful report that exchanges possession from one party to another. It's also involved when the property is paid with a home loan. Without this document signed by the previous owners, there isn't any exchange of ownership of the real estate. Of course, the authenticity of the signatures is crucial so a notary is definitely necessary to verify the authenticity.

The document also explains the property involved. In many instances, you will find references to government maps to guarantee there's no ambiguity at all regarding what real estate is being moved from one owner to another.

Title Insurance

One of the issues that can occur with a deed is when there are difficulties with regard to ownership. Most properties have easements which allow the area utility to put their lines into the property. This really is usually not a problem at all. However, when there is a dispute due to another deed , it may cause lots of issues with respect to property transactions.

Lenders will more often than not require the purchase of title insurance. If there is an issue with the title and ownership of a property, the title insurance company will be liable for any expenses up to the total amount of the mortgage. The insurance company doesn't want to lose money on the deal, so they will clear up any issues prior to closing.

Mortgages in California

In California, mortgages are guaranteed by a deed that is held by the title insurance company. The way this functions is straightforward. Until the loan is totally paid off, the deed will be locked in escrow within a trust by a trust or title company until the mortgage has been paid off.

If the mortgage is compensated off via foreclosure, the title company will allow the lender to sell the property in a foreclosure and remit the remaining balance of the mortgage to the lender. If the mortgage has been paid off, the title company will extinguish its hold on the property and exchange title to the debtor, who's the proprietor of the home.

Quitclaim

The quitclaim deed is not really a deed. It's a lawful process to disclaim a person's interest in a property. The use of a quitclaim is essential by title companies when a search of the real estate shows issues where the title may be cloudy.

For instance, a spouse may instantly gain an ownership interest in a community property state. He or she could use that interest to prevent a foreclosure by the lender since that person did not sign any loan documents. When a problem with this arises, the spouse needs to sign the loan document or sign a quitclaim to relinquish all claims on the real estate.




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