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A quitclaim deed is a document that transfers the title of the home from one person to another. You may consider a quitclaim deed if one former spouse is remaining in the home and taking over both ...
In California, the deed of reconveyance is known as a full reconveyance form. “This document is called a mortgage satisfaction or deed of reconveyance depending on the state,” says Megan ...
Say you decide to keep the $400,000 home and pay your ex for their equity — in this example, half of $125,000, or $62,500. To get that $62,500, you might refinance to a new mortgage for your ...
For example, purchasers of the land from the record title holder who pay valuable consideration and have no knowledge of unrecorded mortgages will be protected against those mortgages by the courts. All of this flows from the statement in most recording statutes that the unrecorded instruments are void against such purchasers.
If repaid on time, the lender would reinvest title using a reconveyance deed. This was the mortgage by conveyance (aka mortgage in fee) or, when written, the mortgage by charter and reconveyance [8] and took the form of a feoffment, bargain and sale, or lease and release. Since the lender did not necessarily enter into possession, had rights of ...
A divorce of the parties to the marriage who own a property in a tenancy by the entirety automatically breaks the unity of marriage, leaving the default tenancy. [15] In death or divorce, there is a right of survivorship in the remaining spouse. [15]
Closing documents, including the closing disclosure, deed of trust or mortgage note: These are important to keep because they outline the financial and legal agreements of the transaction ...
For example, making payments on the mortgage can evince an intent to assume it, as can paying less than the value of the property (if the difference is the amount outstanding on the mortgage). Absent an assumption of the mortgage by the purchaser, the purchaser buys the property subject to the mortgage, which means the property is still ...