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Real Estate Deeds

Need a Lawyer to Help You with a Real Estate Deed?

As written documents that transfer title / ownership or interest in real property to another person, deeds are complex and can be difficult to prepare and execute by anyone other than an experienced attorney. In order to ensure that a real estate deed is reviewed, prepared, and recorded properly in the state of Arizona, none other than a Scottsdale real estate lawyer from the law office of Grant N. McKeehan, PLC should be contacted for professional legal assistance.

How a Scottsdale Real Estate Attorney Can Help

The components of a real estate deed must be acutely in line with the legal expectations of such a document, which means that these types of deeds need to be prepared by a skilled attorney. Included in the verbiage of the deed needs to be a description of the real property, as well as the name of the party who is transferring the property (referred to as the grantor), and the party who will be receiving the property (the grantee). Real estate deeds must also be signed and notarized by the grantor before they can be put into effect.

"Conveyance" is the legal term that is used to describe the official completion of the transferring of a deed – a process that is required to be completed in the office of the County Recorder or the Recorder of Deeds. The execution of this process should only be made once the deed has been sufficiently reviewed, and adequately prepared by a professional lawyer. Recording a real estate deed is the final step of a complex process, which makes it absolutely necessary to involve an attorney in the procedures that precede the actual recording of the written document.

Defining the Terms Used in a Real Estate Deed

The verbiage that is used in the preparation of a real estate deed is critical to the final outcome of its statements. Therefore, it is absolutely crucial that you entrust the preparation of your real estate deed to an attorney who can help you understand the terms that will be used in the clauses of the deed. Below is a breakdown of some of the most common terms that are used to create real estate deeds:

Grantor: The Grantor is the owner of the property that is being transferred to another person. There can be one or more grantors, or the grantor can be an entire company or corporation.

Grantee: The Grantee is the recipient of a title to property. Again there can be more than one grantee, and corporations and partnerships can be included as well.

Operative Words: Operative words are used to portray the intent of transferring the title to a property. Examples include, "conveys and warrants;" "convey and specially warrant;" and "convey and quitclaim."

Consideration: Consideration is the value that is given by the grantee to the grantor. The value, or Consideration, is made in exchange for the actual conveyance.

Types of Real Estate Deeds

Many types of real estate deeds exist, but the two basic types are known as warranty deeds and quitclaim deeds.

Warranty Deed: This type of deed acts as a legal guarantee of the grantor's ownership of the title. Within a warranty deed, operative words such as "convey" and "warrant" should be used in order to denote the warranties that are being made by the grantor to the grantee. Warranty deeds act as general warranties.

Quitclaim Deed: This type of deed can only transfer a grantor's interest in real property if the grantor actually has. At the time of conveyance, all of the legal (or equitable) rights that the grantor has in a property will be assigned in fee to the grantee and the grantee's heirs. Quitclaim deeds do not include a warranty of title.

Other types of real estate deeds can include Release Deeds, Fiduciary Deeds, and Security Deeds.

Completing the Process with Grant N. McKeehan, PLC

The procedural requirements for completing a real estate deed call for efficiency in the preparation and execution of such legal documentation. Therefore, you need to select a real estate lawyer whose reputation speaks to their ability to sufficiently supply you with the legal means needed to effectively complete a real estate deed in the state of Arizona.

In order for a real estate deed to be in effective conveyance, it must first be delivered to, and accepted by, the grantee. This will not happen, however, if your attorney does not properly prepare the deed and provide instruction about where to have the deed recorded. (Generally, it's advised that the recording be made in the same county of the real estate's location.)

Under the legal guidance of Attorney Grant N. McKeehan, PLC, the careful consideration and professional approach that are required for preparing and recording a real estate deed in Arizona will be provided to residents who need it. Contacting the firm can be done via phone or email, so don't wait to speak with a Scottsdale attorney from the office today.

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Grant N. McKeehan, PLC - Scottsdale Estate Planning Attorney
Located at 4300 North Miller Road, Suite 220 Scottsdale, AZ 85251. View Map
Phone: (888) 913-8943 | Local Phone: (602) 791-6174.