Full question:
If my parents would like to add my name to the deed, what do they have to do and is there a way I can change the deed my self to save money? My lawyer wrote me the following regarding the deed change: 'Deed ACRIS documents NYC transfer tax NYS transfer tax Smoke alarm affidavit All the documents will need to be executed and notarized Once executed and notarized they need to be recorded with the City.You also need to notify the Condominium Association and request a _WAIVER of the right of first refusal_ If you have a loan technically you need the consent of the lender. From a practical standpoint many people do not take this step The cost for recording the deed and the recording charges that the city charges is around $300,- $400.My fee is $500, The title company will also charge an accommodation recording fee of around $250 These are just estimates and maybe less. Figure around $1,000.'As you can see, the fee is very expensive compared to deed change service in other state and I would like to find out if there are steps I could take to do some of the work my self so that the final estimate would be lower.
- Category: Real Property
- Subcategory: Deeds
- Date:
- State: New York
Answer:
A deed is the written document which transfers title (ownership) or an interest in real property to another person. The deed must describe the real property, name the party transferring the property (grantor), the party receiving the property (grantee) and be signed and notarized by the grantor. In addition to the signature of the grantor(s), deeds must be acknowledged to be recorded and acceptable as evidence of ownership without other proof. A valid deed must be delivered and accepted to be an effective conveyance. Most states assume delivery if the grantee is in possession of the deed. The deed also must be accepted by the grantee. This acceptance does not need to be shown in any formal way, but rather may be by any act, conduct or words showing an intention to accept such as recording the deed. To complete the transfer (conveyance) the deed must be recorded in the office of the county recorder or recorder of deeds in the county in which the real estate is located. There are many situations in which it may be desirable to add or delete a person's name from a deed, such as adding or removing a spouse, child or sibling. A person can only be deleted from a deed with their approval, i.e., they must execute the deed (sign and have their signature notarized). If the essential elements that make a deed legally effective are missing, a deed may be voided.
There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quitclaim deed, which transfers only that interest in the real property which the grantor actually has. The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property. The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record. The quitclaim is often used among family members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.
We offer various types of deed forms that you may complete on your own , or we also offer deed preparation services where an affiliate of ours would assist in deed preparation using its network of attorneys. To have the deed prepared for you based on information you have provided, we would charge you $535.00, which would include the deed preparation and the preparation of the transfer documents from ACRIS. We would not be able to contact the Condominium Association or the lender, so there would be no charge for that service. The recording costs for New York City are around $120.00, unless it is non-residential property, which would result in an additional $90.00 recording fee. There would be no additional fee for a title company. An estimate of the total cost would be around $655.00. You may order forms online or by phone by calling Toll Free: 1-(877) 389-0141 - 8:30-5:00 Central Time Zone Monday – Friday.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.