Often a situation arises where clients need to convey or receive title to real property, whether the property at issue is improved (i.e. – the property is a developed lot with a building on it, such as a commercial building, home or cabin), or whether the property is unimproved (i.e. – the property is undeveloped agricultural or recreational land). In these situations, there are three primary options available to convey or receive title:

  • Warranty Deed
  • Special Warranty Deed
  • Quitclaim Deed

Each method of conveyance results in creating different rights and obligations for the parties involved. There may also be a question of whether to convey or receive title as joint tenants or tenants in common. It is important to understand the differences between the methods of conveyance, and to ensure that the correct method and language is used and that the documents are correctly filed and recorded.

Another common situation is the need to give or receive a Mortgage or Deed of Trust as security for a loan or promissory note. In these situations, the client may not want to convey or receive the right to immediate possession of the property, but instead wishes to convey or receive a property interest that can be foreclosed upon in the event of a default in the loan payments. Again, it is important to understand the rights and obligations that may arise depending on the method used to convey the property interest.

The attorneys of Farr Kaufman have extensive experience advising clients in real estate matters and preparing documents to convey title to real property.

Contact Farr Kaufman to discuss your real estate needs with one of the attorneys.