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Quick Guide to Deed Poll

Quick Guide to Deed Poll

A deed poll is a type of legal document that only involves a single person or party, which states a particular intention that such a person is bound to by the document itself. 
A deed pole itself is not a contract due to the fact that only one party is affected by such a legal document and it states only an intention, rather than a guarantee or promise. This kind of document is often times referred to as a deed poll name change because it is very commonly used in order to enact a name change for an individual. 
Change name by deed pole is most commonly used in Europe, particularly in England, Ireland, and Northern Ireland. Other nations such as Hong Kong and New Zealand also use the deed poll name change. Typically speaking, to change name by deed poll will require that a person complete a form, which must be signed by a witness. 
The form is then filed by the appropriate court. In many jurisdictions, deed poll name change may be considered as a legal name change, though change name by deed poll may not necessarily change a person’s name on the birth certificate. Therefore, in the case that a passport is to be obtained, for instance, both the birth certificate and the change name by deed poll document will need to be furnished in order to complete the passport requirements.

Property Deeds at a Glance

Property Deeds at a Glance

Deeds are legal documents that will usually grant a right to person or party, usually in regards to property. In generic terms, a property deed can be said to be a legal document which will grant the ownership and associated rights to particular individual or party. 
Therefore, a property deed can also be used as evidence and proof of ownership in regards to to land and real estate.  A property deed is often times referred to as a title deed, and depending on the provisions contained within, property deeds can also provide the holder of the deed with specific rights and/or privileges, not only only asserting ownership. 
Property deeds are also the documents that are transferred in the sale of property as well, in order to provide for a legal document that will signify such transfer as being legitimate under the consideration of the law. Property deeds, aside for asserting the proper owner of the property, will also provide for description of the property. 
The description is meant to be very specific, so as to avoid any possible confusion and thus, also avoid any potential legal situations. However, it is important to note that even though property deeds are indicative of ownership, the holder may not in fact the owner of the property. This is shown in the example of a person obtaining a loan or mortgage to purchase a home. In such a situation, even though the borrower is inhabiting the home, the bank or lending institution will be the legitimate owner of the home until the loan amount is paid in full. At this time, the property deed will be transferred to borrower, making him/her the true owner. 

Understanding Tax Deed

Understanding Tax Deed

Owning a home or real estate will usually require that the owner pay some sort of taxes, such as home owner’s tax or property taxes. Failure to pay these kinds of taxes can surely bring upon some difficulties for the owner. The government will take measures in order recover the amount of money that is to be owed in terms of taxes, which results in a tax sale. 
A tax sale is a forced sale of the property or real estate that is implemented by the government in attempts to recover the non-payment of taxes. There are two types of tax sales which are the tax lien sale and the tax deed sale. Tax deed sales are usually the most common of the two.
A tax deed sale occurs when to government will sell the property or estate for which back taxes are owed in order to regain the back taxes. The government, however, must abide by certain legal standards which are implemented in order to give the owner of the property the opportunity to pay back the unpaid taxes. This will entail proper notice to the owner, as well as legal action taken in the courts. 
If the owner fails to pay the taxes owed on the property, they may decide to sell the property themselves or legally transfer the rights to the property to another individual or party. However, a tax deed sale can end in the government putting up the property for auction. For real estate investors, tax deed sales can prove to be a great opportunity to acquire real estate at low prices and sale them for a profit. 

Do You Need Some Deed Forms?

Do You Need Some Deed Forms?

A deed is a legal document that is used to grant a right, usually a right to ownership. In the United States, the ways in which the various types of deeds are drafted will have to coincide with both federal and state regulations and guidelines. This also means that a deed may have different requirements in terms of the document itself from state to state. 
However, many deeds will now be available in terms of standardized forms that are provided by the government or a particular agency. The way in which deeds are provided and the form in which they are drafted will depend on the type of deed that is at hand, for not all will require the same provisions or content. 
Obtaining a deed form can be done through various avenues. One of the most popular and innovative ways to do so is by using the internet. There are many companies online that can provide for a standard deed form for the particular kind of deed. In many instances, one can obtain these deed form documents for free. A free contract for deed form can be found online, which will contain a pre-printed form in which the necessary and pertinent information is to be provided by the involved parties.
 An example could be a free contract deed form of lease or mortgage. However, before using such a service, it is important to make sure that the deed form contains all of the necessary information, and thus, will require that a person should be aware of the state and federal statutes in order to avoid any confusion. 

Deed in Lieu

Deed in Lieu

A deed in lieu is usually a shortened term to refer to a deed in lieu of foreclosure. A deed in lieu of foreclosure is an agreement between a homeowner or property owner and the lender, such as mortgage brokerage firm. A deed in lieu will usually entail the real estate owner turning over the deed to the home or property to the lending party in order to avoid or to halt foreclosure proceedings. In other words, a deed in lieu is essentially a legal document that negotiates a way for a homeowner or property owner to avoid foreclosure.
A deed in lieu of foreclosure will usually be a homeowner or property owner’s last resort when facing foreclosure. Typically, engaging in a deed in lieu negotiation will usually have a negative effect on a person’s credit, and thus, making more difficult to manage one’s finances and secure future loans. They way that the deed in lieu works is fairly simple.
The owner gives the deed to the property over to the lender, effectively canceling the debt. However, depending on the negotiations of the deed in lieu, a lender may, for example, include provisions in which the homeowner will have to pay back any amount that was not covered by the property being sold. Furthermore, this could also have negative effect on the homeowner’s credit, for it will be seen as the negotiations not properly settling the debt of the loan.

Title Deeds at a Glance

Title Deeds at a Glance

A title deed is a legal document that is usually used as evidence and proof of ownership over property. However, title deeds can be used for other kinds of property, most commonly in the case of vehicles. Aside from ownership, a title deed will also infer certain rights associated with ownership, such as any privileges and conditions of ownership. 
Furthermore, a title deed will usually be needed in the case that property is to be transferred another person or party, in order to properly provide for the transfer of ownership and associated rights.
The information contained within title deeds may prove to be different depending on various factors, particularly in regards to what kind of property it is in reference to. However, there are certain qualities that will usually be found in a title deed, such as a description of the property.
The property must be explicitly and accurately described in such a way that there can be no confusion as to what the property is. Also, the owner of the property will also be named in the title deed. 
Even though the title deed is meant to imply ownership, it will not always be the case. The most common example can be in the case that a person purchases a home with a loan. Even though the this person may inhabit the home, the lending institution or bank will be the actual owner of the property until the loan is paid in full. 

Difference Between a Grant Deed and Title Deed

Difference Between a Grant Deed and Title Deed

A grant deed and title deeds may prove to be somewhat similar for they both will deal with aspects regarding ownership of property or real estate. However, there is quite a significant difference between the two, for they both signify different things. 
Title deeds are documents that essentially provide for proof of ownership over property, real estate, and in some cases, vehicles as well. Property or real estate will be described in full and the owner’s name and signature will also be included in title deeds. 
A grant deed, on the other hand, will not necessarily provide for proof of ownership. A grant deed is the legal document that is used to indicate the transfer of property or real estate from one party to another. A grant deed will act more along the lines of a contract, where the involved parties, the grantor and grantee, will abide my certain provisions in order to secure the transfer of ownership of the property at hand. 
In other words, the grantor gives up the rights of ownership to the property and transfers them to the grantee, effectively making him/her the new owner. The grand deed is essentially the document that legally allows for the transfer of title deeds between two parties. 

Deed of Variation Explained

Deed of Variation Explained

A deed of variation is a legal document that is sometimes used and implemented in statutes regarding wills, trusts, and inheritance procedures. The deed of variation, also known as a disclaimer of interest, is actually a document that will essentially refuse the acceptance of any inheritance that is provided for in a will or trust. 
A disclaimer of interest may be enacted for various reasons, though they may all revolve around the simple fact that the inheritance will create some sort of inconvenience to their would-be heir. An example would if the inheritance were to have an effect on income taxes that would need to be paid as a result of inheriting an asset or property. 
The deed of variation would, in such a case, would treat the would-be heir as if they had died before the will or trust would come into effect. The reason for this may be for that person’s own children or relatives to be able to take his/her place, and thus, possibly benefit from the inheritance and no gift tax would be applied. 
Disclaimer of interest documents must be made and writing and properly submitted to the appropriate court of law overseeing the administering of the will or trust. However, a deed of variation must be filed within a certain amount of time after the death of the person which has created the will or trust. 
Typically speaking, a deed of variation must be filed within nine months after the death of such person in order to legally and properly refuse the inheritance. In the case that the inheritance or trust is created by a person still living, a disclaimer of interest must be filed within twelve months of the creation of the trust. 

Deed of Assignment

Deed of Assignment

A deed of assignment is a legal document that is used in the transfer of real estate and land property. The deed of assignment is a very important document that should be kept at safely stored at all times, particularly in the case of real estate. The deed of assignment can generally be defined as a document which is drafted to guarantee or promise that the transfer of ownership of a property will commence on a particularly defined date. The deed of assignment, in other words, is a document that is evidence of a transfer of ownership, with the stipulation that there is a certain time period in which actual ownership is to commence. 
There are various situations in which a deed of assignment may be needed, though the most common occurs in the transfer of ownership in regards to property. An example may be when a developer of a new home signs a deed of assignment to a purchaser, stating that the property will be his/hers on such a given date. However, the purchaser may decide to sell the home to another person, which will also require a deed of assignment. This is necessary because the actual title deed of the home is most likely not to have been issued, and the deed of assignment essentially acts a temporary title deed. For every time that a property is to be sold before a title deed is issued, a deed of assignment will be needed. 

Warranty Deeds at a Glance

Warranty Deeds at a Glance

A warranty deed is a commonly used legal document in the realm of real estate. The warranty deed essentially guarantees that the seller of the property or real estate guarantees that the such property is free of any encumbrances, such as liens or mortgages, and the he/she is lawfully allowed to sell the property. The warranty deed will effectively protect the buyer of the house, guaranteeing that there will be no outside parties claiming ownership or vested interest in the property or real estate. 
 
 
There are two general types of warranty deeds. The general warranty deed is one that holds the guarantee of the owner or seller extends as far as the creation or construction of the property or home. A special warranty deed limits the term of the guarantee strictly the time that the owner or seller has occupied and owned the property. In other words, a special warranty does not exclusively guarantee that there are no mortgages, liens, or interested or involved parties in regards to the home or real estate property. 
 
 
This is an important aspect to consider, for the differences in warranty deeds can surely have an impact on the buyer. Typically speaking, a buyer will not be made aware of any liens or mortgages on a property or home until after the purchase transaction is completed. A general warranty protects the buyer, allowing to take legal action against the seller of the property in the case that an encumbrance is found after the transaction of property.