How does a deed transfer work?

Deed signing

Do I need a lawyer to change the name on a deed?

Before we answer that question, let’s define what a deed transfer is first.  To transfer ownership of a property deed from the person selling (grantor) to the person buying (buyer), a deed must be present to make it a legal transaction. Both the seller and buyer must be identified on the deed with property description; thus, the transfer deed. There are different categories of deeds, including quitclaim, particular purpose, and warranty deed.

Contrary to popular belief, in the state of Pennsylvania, the names on a deed cannot be changed once the Court Clerk has recorded it. To change a name on a deed, you do need to consult with a lawyer that specializes in real estate to have a new deed prepared and filed.

If one spouse of a married couple dies and they held property jointly as tenants by entireties, removing the decease’s name is not necessary. Should the surviving spouse want to sell the property or refinance the mortgage at a later date, a simple explanation can be stated in the new deed or a new mortgage. If there is any unique instance for a particular legal situation, such as deed transfer exemption, that the name needs to be removed, consultation with a real estate lawyer is recommended.

Do I need an attorney to transfer property?

No, but it is recommended to transfer deed to another person. When you don’t use a lawyer to change a deed, you risk the information on the deed being inaccurate, like the property description or names misspelled. The information could be out of date from people listed on the deed divorcing, marrying, or dying.

However, if the expense of hiring a lawyer is the issue, you can change or transfer deed by obtaining a certified copy of the deed yourself. Review the information and check for accuracy.

Then obtain a deed form either at an office supply store or online and complete it with all the pertinent information like the grantor name, grantee name, and the legal description of the property. Neither party needs to sign the deed!

All parties involved need to take the unsigned deed and form to the County Clerk’s office, who will witness the signatures of both grantor and grantee. With the clerk performing the witness duty as a notary public, the transfer deed will then be an official document.

What do you need to transfer property?

A power of attorney gives legal authority to one person that will be referred to an agent, to act in the best interest of another person, referred to the principal. The agent will have an ethical and/or legal relationship of trust for the principal to care for their assets and finances.

Many times, a transfer deed with power of attorney will take place when the principal holding a power of attorney becomes mentally or physically disabled and unable to sign legal paperwork on their own. A power of attorney is typically assigned to a spouse, a family member, or a close friend.

A power of attorney allows the agent to sign any real estate documents, including a real estate transfer deed, eliminating the need to open a conservatorship, guardianship, or seeking permission of the court. It is recommended the agent seek the guidance of a real estate attorney to assure the deed is in current and proper condition of names and property description.

Can someone put your name on a house without you knowing?

If you are given real estate by another person that they have purchased, it is a gift, but they cannot transfer deed or title to the property to you with your acceptance of the property. If a person is wanting to simply transfer deed of property to you, putting the property in your name, it is only legal once they competed a legal transfer deed that is officially accepted by you.

gavel and legal transfer process

Does being on a deed affect your credit?

When you sign a mortgage deed, you agree to repay the loan according to the mortgage terms. A mortgage deed is a legal document, and once all parties have signed the deed, it is recorded at with the local registry of deeds. All parties that have signed the mortgage deed are a vital player in the mortgage debt being repaid, and if you default on the mortgage note, it will be reported to the three credit bureaus and affect your credit rating.

Any time you have a part of a deed, mortgage transfer deed, it is advised to seek the counsel of a real estate attorney. Making sure everything is correct and in order before placing your name on the deed or signing a transfer deed. Once things are signed and filed with the court, it becomes a permanent record. While you may want to avoid that expense, it is cheaper than if you have to hire one to clean up a registry that was misfiled. When dealing with a deed transfer, People's Justice LLC can help! Call 855-577-7673 today!