Deeds Lawyer O’Fallon, MO
If you have questions on property deeds, you need the help of an O’Fallon Missouri deeds lawyer. When you are ready to clear the title of a newly purchased property by a tax deed, you might find the process is not exactly a simple matter. To avoid delay or error, it is prudent that you work with a tax deeds lawyer who understands these matters and can help you to receive a clear title.
At Legacy Law Missouri, we offer efficient, honest solutions for a broad range of real estate matters including tax deeds. Guided by many years of experience, our deeds lawyers in O’Fallon, Missouri represent clients in O’Fallon, MO. If you’ve discovered your property has a tax lien and need to clear the title before it can be marketable, call an O’Fallon, MO deed lawyer from our office today.
Clearing a Title on a Property Purchased with a Tax Deed
A tax deed is a type of deed by which the state sells the property which was taken away from the previous owners due to a failure in paying property taxes. Before a tax deed is applied, the property must go through various steps, including the issuance of tax certificates. These are later referred to as ‘due and culminating’ properties that will eventually be sold at auction by the court clerk.
If you purchased a real estate property at an auction, you will need to ask a deeds lawyer in O’Fallon, MO to clear the title so the property can be resold. This type of title clearing process tends to much more complicated than others clearing processes. A deeds lawyer will need to complete the following:
Review the Title Search – Any property documents will need to be reviewed in order to determine any liens on the property as well as other possible issues.
File a Quiet Title Claim – Usually our firm will need to file a quiet title claim against any previous owners of the property who did not pay their taxes and lost the home as a result.
Bring a Claim Against Other Previous Lenders – A tax lien rules out other liens that are associated with previous lenders; however, it is mandatory that a suit be filed against them before the title is cleared.
Walk Through Process – A number of other complications can arise during the quiet title claim process. For example, it is not always easy to locate the previous owners or lenders, in particular when a bank merges with another bank. In this case, extensive research may need to be carried out to find track down the right parties.
An O’Fallon, MO deeds lawyer is a special legal representative who works solely in real estate matters. It is advisable to only retain a tax deed lawyer, and not a general lawyer.
Information on Property Deeds
When you wish to transfer a piece of property, one of the first things you need to do is write a deed. The grantor (the one selling the property) must state in writing that they are giving it to the grantee (the purchaser of the property). Transferring your property can sometimes be complicated, which is why the deeds lawyer in O’Fallon, MO can help ensure you have everything in place before you legally transfer the rights to your property. To ensure you have everything in your deed, you will want to make sure:
- It is in writing. While there are no specific forms that you must use when creating your deed, it does need to be in writing.
- The names of you (the grantor) and the purchaser (the grantee) are on the deed and that you are adequately identified.
- There is a description of the property that you would like to transfer.
- You sign the deed. If you own the property with someone else, they must also sign the deed.
- The grantee receives the deed or that someone who is legally allowed to accept the deed on behalf of the grantee has done so.
- You are of sound mind when you are signing the deed. If you are incapacitated in some way while you are signing this deed, the contract could be found invalid.
There are a few basic types of property deeds that you should be familiar with when you begin writing your deed. If you would like more information than what we have provided below, please call our office.
- Grant Deed. A grant deed gives ownership to the grantee and also states that the property in question has not already been transferred to another party.
- Warranty Deed. When you create a warranty deed, it transfers ownership to the grantee while also providing other promises. This type of deed will give the grantee the most amount of protection. For example, you may be promising that no one else is claiming ownership of this property. If the above was not true and someone else did claim ownership of the property, the grantor would need to reasonably compensate the grantee.
- Quitclaim Deed. This is also called a non-warranty deed and it will offer the grantee the least amount of protection in this transaction. When you are not quite sure what kind of ownership rights you may have with a certain property, a quitclaim deed can ensure that whatever ownership rights you do have are properly transferred.
Will the property deed need to be notarized?
In most states, you will need to get the deed notarized. In fact, you may also have to have witnesses there when you sign the deed. When you take the deed to a notary, they can notarize and witness the signing of the signature.
A Knowledgeable Deeds Lawyer in O’Fallon, MO
Our firm is very familiar with the tax deed process and has cleared property titles of all complexities. If you bought a tax deed property and would like to attain a marketable title, call a deeds lawyer in O’Fallon, MO from Legacy Law Missouri to learn about your rights and legal options.
