When you want to transfer a deed for a piece of real estate property, you still must secure the title. Property deed lawyers in Queens, New York, understand the process for a transfer deed. Look for a deed transfer attorney near me, and you’ll find the real estate law experts at Albert Maimone & Associates, P.C., a local law practice specializing in transferring ownership of a property or real estate from the grantor or seller to the grantee or buyer. Call today for a free consultation with a top deed lawyer.
What Is a Deed Transfer?
A deed transfer is a document used to transfer ownership of real property. In real estate law, a deed doesn’t represent property ownership by itself, but it’s a legal tool that allows you to transfer ownership of land to another person or organization. The transfer deed may include other features attached to the land, such as buildings or roads.
A transfer deed names the grantor, who owned the property, and the grantee, who’s the new owner. Other items in the document include a legal description of the property, any other features being transferred, the property lot number and the signature of the grantor.
A property deed lawyer handles a property deed transaction. In New York, you can find the best real estate law experts at Albert Maimone & Associates law practice. They’re familiar with the nuances of deed transfers. This boutique law firm serves the five boroughs of NYC — Queens, Manhattan, the Bronx, Staten Island and Brooklyn — as well as Nassau and Suffolk counties.
What Are the Main Features in a Property Deed?
A deed transfer is not a real estate sale. For a property deed to be legal, it requires essential elements, including:
- It must be a written document.
- The grantor must have legal ownership of the property, as well as the right to grant a transfer deed to the property.
- The document must contain the grantor’s name and signature.
- The grantor and the grantee must be legally competent.
- The property must be legally and completely described.
- The property deed must have legal language.
- Everyone involved in the property deed transfer must sign the document.
- The deed must be delivered to the new owner or a representative. The grantee has to accept delivery of the document.
- The deed transfer must be recorded or filed at the county clerk’s office, a requirement in most states.
If you’re buying or selling property in New York, you need the right information on the deed transfer process. The highly regarded property deed lawyers at the Albert Maimone & Associates law practice represents individuals and businesses in real estate transactions. With a free consultation, they review your request within 48 hours.
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What Are the Common Types of Deeds?
Property deeds in New York fall under different categories. The classifications are primarily official vs. private deeds. An official deed transfer follows a court order or legal ruling. A private deed transfer is a deal struck between individuals or businesses. Other common property deeds in NYC include:
- Warranty property deed. This type of deed offers you the greatest protection and primary guarantees. The covenants include a declaration that the grantor is the owner of the property, that there are no undisclosed encumbrances and that the grantor guarantees to defend the title against any other claims for it.
- Special warranty property deed. A special warranty property deed transfer offers some protection that there aren’t any encumbrances or liens on the title while the grantor had ownership.
- Quitclaim property deed. This non-warranty deed provides lease protection for a grantee. A quitclaim deed offers no warranties and conveys the grantor’s interests as they are. A quitclaim deed is effective if a grantor has a good title, but if there are defects in the title, the grantee has no legal backing against the grantor.
- Bargain and sale property deed. With this type of deed transfer, the seller only guarantees true ownership of the property. The deed offers no guarantees against liens or other claims to the property.
Understanding the different requirements and processes of NYC real estate law requires the best legal representation. At the boutique New York law firm of Albert Maimone & Associates, accomplished real estate lawyers break down real estate matters for buyers, sellers, developers, contractors, landlords, tenants and management firms.
Is a Property Deed the Same as a Title?
A title refers to the ownership of a real estate property. Your property title gives you the right to the property. A property deed is a physical legal instrument to transfer the ownership of property from you to another party. The main differences between a property deed and a title include:
- Physical document vs. concept. A property deed is a physical, legal document recorded in a courthouse or assessor’s office. A property title refers to the concept of ownership rights over something.
- A property deed transfers ownership of a title to a property from one person or entity to another. The title describes the legal owner of a property.
- Legal processes. Before a deed transfer, your deed lawyer performs a title search in the public records. The search reveals all the property deeds related to a property and also verifies the property’s legal owner. After determining the property has a clear title, the process of transfer can continue.
Property laws and processes in New York are complex. You need the best legal help for all residential and commercial real estate closings. If you searched for a deed attorney near me, the lawyers at this NYC firm offer dependable advice and skilled representation and boast in-depth knowledge of New York real estate law.
How Can a Deed Transfer Lawyer Help Me?
An experienced NYC deed lawyer assists both parties in a property transaction. Improper deed transfer may lead to devastating implications on a property’s ownership. Areas in which a knowledgeable deed lawyer can help include:
- Buying or selling a real estate
- Completing documentation, checking property taxes, and performing other matters related to real estate transfers
- Allowing the seller to gain equity out of the property
- Gifting real estate to relatives or a third party
- Removing people from the ownership of a property deed
- Refinancing a mortgage
- Transferring property ownership to a limited liability company (LLC) or trust
- Consulting on the validity of a deed
- Providing advice during divorce proceedings as related to a property transfer
- Giving advice on deed types
- Executing a will
Finding Deed Attorney Near Me
When looking for legal help transferring property to a family member or loved one while avoiding estate taxes, choose an expert deed attorney near you with a thorough knowledge of complicated laws and regulations. Locate a skilled team of lawyers familiar with complex legal and financial considerations that must be contemplated when transferring possession of a home, real estate, or valuable personal property, combined with the experience and ability to achieve successful outcomes.
Searching for a deed transfer attorney brings you to the NYC property deed lawyers from Albert Maimone & Associates. They provide the highest quality legal services without charging the big firm legal fees. This boutique law firm has specialist real estate lawyers qualified to guide you through the complex world of property deeds and titles. For all property legal matters, contact the best legal team in the city.
Albert Maimone & Associates P.C.127-16 14th Avenue
College Point, Queens, NY 11356 (718) 357-1216