Kristen E. Johnson, Esq. offers legal services in real estate matters, including deed transfers, to clients in New Jersey.
We are aware that buying real estate is an expensive and difficult process that involves a wide range of concerns, including surveys, negotiations, contracts, mortgages, title defects, and more. By the time the journey is over, all you want to do is settle into your new home.
Some of the last-minute processes involved in real estate transfers are crucial though. The real estate deed needs to be transferred from the seller to the buyer before any property may be transferred officially.
To correctly transfer the property’s deed into your name, contact Kristen E. Johnson, Esq. We are able to provide you with good legal counsel and lead you smoothly through the land/deed transfer process.
Benefits Of Hiring an attorney to transfer ownership of a property in New Jersey
Real estate attorneys have specialized legal expertise and knowledge of the laws and regulations governing real estate transactions in New Jersey. This allows them to ensure that all aspects of the transfer of ownership are handled legally and compliantly, reducing the risk of any legal disputes or issues arising in the future.
Real estate transactions involve a lot of paperwork and documentation, including the preparation of the deed, bill of sale, and other closing documents. An attorney can ensure that all of these documents are prepared accurately and in compliance with New Jersey law.
If any issues arise during the transfer of ownership process, such as disputes over property boundaries or defects in the title, an attorney can negotiate on behalf of their client to help resolve the issue.
Peace of Mind
Hiring an attorney can provide peace of mind for both the buyer and the seller, knowing that the transfer of ownership is being handled by a legal professional who is looking out for their best interests. Hiring an experienced New Jersey real estate attorney to transfer ownership of a NJ property can help ensure that the process is handled efficiently, legally, and with the least amount of stress possible.
Why Do Deeds Need To Be Prepared and Transferred?
Most people are aware of how to sell a piece of property. For instance, when buying an automobile, the title is simply signed over.
Every time you want to change a name on a deed, a new deed needs to be created, signed, and submitted to the county clerk’s office. A new deed needs to be written, signed, and filed even if your intention is to give the property to a friend or family member or put it into a trust.
The most conclusive proof of real estate ownership is a deed, which has far-reaching legal and financial repercussions. A small error in a deed’s legal description could have significant repercussions years in the future.
If you try to do it yourself, there’s a chance the deed won’t be legally binding or registrable, which would defeat the objective of the transfer. Contact Kristen E. Johnson, Esq. right now to transfer your deed swiftly and save time and money. We will look up your deed with the county clerk’s office, prepare the correct new deed and transfer documents, supervise proper execution of all documents, record the new deed with the county clerk’s office, file the new deed, and give you the original after it has been done.
It might be challenging to make changes to the recorded deed years after it was signed, particularly if the people who signed it are no longer alive or have since passed away. This is one reason why transferring title by deed should always be done with a qualified real estate attorney present.
Attorney Kristen E. Johnson handles real estate deed transfers and provides our clients with guidance in the following areas:
- Transfers of property within the family
- Property gifts to family and friends
- Removing a member from ownership
- Deed transfer to a trust
- Transfer of the Deed to an LLC or Corporation
- Advice on how to determine whether a deed transfer will be in violation of a due on sale clause, which is contained in many residential mortgages and states that the mortgage will become instantaneously payable in the event of a deed transfer.
- filing corrective deeds to address problems with deeds that have already been filed
- Guidance on the different forms of ownership, such as joint tenancy with rights of survivorship, tenants in common, tenants by the entity, etc., and determining which type is best for your unique circumstances
- Detailed guidance on a variety of deed forms, including quitclaim, special warranty, and warranty
- Preparing, submitting, and paying the fees necessary for recording the deed and other transfer documents
You can save time and money by using a real estate attorney with experience to transfer your deed. For more than 20 years, Kristen E. Johnson, Esq., has practiced real estate law. Her firm specializes in residential and commercial real estate law, and it represents lenders, developers, and buyers and sellers throughout the counties of Monmouth and Ocean in New Jersey.
When You Might Need the Services of a Deed Transfer Lawyer in NJ
When drafting a new need or making changes to an existing deed, you might require the assistance of real estate attorney Kristen E. Johnson, Esq. The following situations may require you to change the status of an existing deed:
- Purchasing or Selling Real Estate
- Transferring Property Ownership to a Corporation or Trust
- Giving a Property as a Gift
- Marriage or divorce
- Executing a Deceased Relative’s Will
- Mortgage Refinancing
- Borrowing Against the Home’s Equity
- Obtaining a Line of Credit for Home Equity
What is a deed?
A deed is a legal document that transfers ownership of real property from one person or entity to another. The person transferring ownership is known as the grantor, and the person receiving ownership is known as the grantee. The deed must be signed by the grantor and delivered to the grantee to be effective.
What are the different types of deeds that apply to New Jersey real estate?
In New Jersey, there are several types of deeds that can be used to transfer ownership of real estate. The most common types include:
General Warranty Deed:
This type of deed provides the highest level of protection for the grantee, as the grantor guarantees that they have clear title to the property and will defend the title against any claims.
Special Warranty Deed:
This type of deed provides some protection for the grantee, but only against claims that arise during the time that the grantor owned the property.
This type of deed provides no guarantees as to the title of the property, and simply transfers whatever interest the grantor may have in the property to the grantee.
Bargain and Sale Deed:
This type of deed does not provide any warranties or guarantees, but implies that the grantor has the right to transfer the property.
This type of deed is used when property is sold at a sheriff’s sale, such as in a foreclosure proceeding.
We handle all type of deed preparation services, including bargain and sale deeds, executor deeds, quitclaim deeds and limited warranty deeds. Deed transfers are most often used to add a family member to a property for estate planning purposes; to remove a former spouse after a divorce and to transfer property to a Corporation, LLC or Trust.
It’s important to note that the type of deed used to transfer ownership of a property can have significant legal and financial implications. As such, it’s recommended that anyone buying or selling real estate in New Jersey consult with a knowledgeable real estate attorney to ensure that their rights and interests are protected.
What Does a New Jersey real estate attorney Do During a deed transfer or deed preparation?
A New Jersey real estate attorney can assist a client with a deed transfer or deed preparation in a variety of ways. Here are some of the ways that an attorney can be of assistance:
Review the current deed
An attorney can review the current deed to ensure that it is legally valid and that there are no errors or issues that could affect the transfer of ownership.
Prepare the new deed
An attorney can prepare a new deed that meets all of the legal requirements in New Jersey. This includes ensuring that the deed includes all necessary information, such as the legal description of the property and the names of the grantor and grantee.
An attorney can conduct a title search to ensure that there are no liens or other claims against the property that could affect the transfer of ownership. This can prevent the buyer from inheriting any outstanding debts or legal issues
An attorney can prepare or review all of the closing documents related to the transfer of ownership, including the deed, bill of sale, and any financing documents.
An attorney can provide legal advice to the client throughout the entire process, including advising them on their rights and obligations under the deed and any other legal documents.
Overall, working with a New Jersey real estate attorney can help ensure that the deed transfer or preparation is handled in a legally compliant and efficient manner, reducing the risk of any legal disputes or issues arising in the future.
Let Us Help You with Deed Transfers in New Jersey
Real estate lawyer, Kristen E. Johnson, Esq. is an expert in crafting deed transfers in New Jersey.