An experienced real estate attorney can help you sort through all of the difficult decisions and negotiations involved in real estate transactions. Contact our firm today to schedule a consultation with an attorney who will respond aggressively to secure a timely, cost-effective conclusion to your real estate matters.
Real Estate Litigation and Real Estate Transactions
Handling Real Estate Law Challenges in West Linn, Oregon, Since 1996
Whether you are buying or selling real estate or are involved in a real estate dispute, it doesn't make sense to take chances with your property and investment. Instead, ensure your rights are protected with the help of an experienced real estate lawyer.
Attorney David Smith of the Smith Firm has practiced real estate law in the Portland, Oregon, area since 1996 and has effectively and diligently protected hundreds of clients' rights. He handles all commercial and residential real estate transactions as well as real estate disputes involving ownership/title issues, contract disputes, commercial lease disputes and more. For a no-charge discussion of your real estate law questions, contact us at 503-342-2623 or 866-986-6312.
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For experienced, professional and diligent real estate law legal services in West Linn and throughout the Portland, Oregon, metropolitan area, contact an attorney with over a decade of trial and transactional experience. Contact David Smith at 503-342-2623 or 866-986-6312.
Don't find out the hard way that your real estate transaction was completed in error and that your ownership and other rights have been infringed. Instead, contact an experienced real estate lawyer who can protect your rights at each step. Contact the Smith Firm at 503-342-2623 or 866-986-6312.
Deeds
A deed is an unassuming and usually short piece of paper that has a big legal impact. A deed transfers an ownership interest in real property, and no real estate transaction where ownership transfers is finished until the deed is delivered to the buyer. A deed must include the names of the buyer and seller and the property's legal description. The deed is signed by the person transferring the property and may make that person responsible to the buyer for other claims against or conditions on the property. A knowledgeable real estate attorney at The Smith Firm, PC in West Linn, Oregon, can review the deed to ensure that it is accurate and properly executed.
Deed Requirements
A deed for property must always be in writing, and it must follow state laws for property transactions. Different states may require different deed language, forms, or even paper sizes, so it's important to make sure the rules of the jurisdiction in which the property is located are followed. Even if not strictly required, it is a good idea to record a deed to make the change in ownership a public record.
Types of Deeds
There are many varieties of deeds. Two of the most common are quit claim and warranty deeds. A quit claim deed lets the transferor give away whatever rights he or she has to the property, but does not guarantee the extent of the interest transferred. Quit claim deeds are common in divorces when one spouse grants his or her rights in real estate from the marriage over to the other spouse.
A warranty deed contains one or more of the covenants of title. A warranty transfers ownership and explicitly promises the buyer that the seller has good title to the property. A warranty deed offers the greatest protection for buyers since a seller must warrant good title to the property, with no liens and encumbrances not disclosed in the deed. The seller also agrees to defend against any defects found in the deed. A special warranty deed is similar to a general warranty deed, but contains only the covenant and guarantee against claims that may arise only during the time the seller was the legal owner of the property.
When buying or selling real estate, the choice of deed defines exactly what the buyer is getting for his or her money or the seller is agreeing to give. Each type of deed includes different rights, guarantees, and legal protections. Contact a real estate attorney at The Smith Firm, PC to determine which type of deed is most appropriate for your situation.
Recording the Deed
The new deed should be recorded in the appropriate office, usually the land records office in the county where the property is located. This office may be called, among other names, the recorder's office, the land registry office, or the register of deeds.
The broker or closer may handle recording, but parties to the transaction should make sure that this important step takes place, regardless of who handles it. The purpose of recording the deed is to give notice to the world that the buyer now has an ownership interest in the property. Recording also creates a chronological chain of title so the history of ownership can be researched.
Conclusion
The form and type of deed are critical. An experienced real estate lawyer at The Smith Firm, PC in West Linn, Oregon, can analyze the circumstances surrounding your transaction, determine your needs, and review the content of the deed to ensure that the transfer is valid and appropriate.
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