Hawaii Ratification of Prior Deed

State:
Multi-State
Control #:
US-OG-110
Format:
Word; 
Rich Text
Instant download

Description

This form provides for a grantor to ratify an existing deed so that the grantee in the deed is deemed to have acquired all of the grantors interest in the lands that are the subject of the deed.

How to fill out Ratification Of Prior Deed?

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FAQ

Yes. The Hawaii Uniform Real Property Transfer on Death Act allows a single TOD deed to be signed by joint owners. The law sees a property owner who owns property with another owner with right of survivorship as a joint owner.

The person responsible for the tax is generally the transferor, grantor, lessor, sublessor, conveyor, or other person conveying the real property interest (HRS §247-3). The ® standard purchase contract directs escrow to charge the conveyance tax to the seller.

The deed or assignment of lease must be signed (in black ink) by the current owner and the new owner before a notary public. The deed or assignment of lease must be recorded in the State of Hawaii Bureau of Conveyances or Land Court. A Conveyance Tax Certificate must be filed and any tax due must be paid.

Hawaii is a lien theory state and uses mortgages instead of deeds of trust.

Quitclaim Deeds are more often used when an ex-spouse is going off title. A Warranty Deed gives some guarantees to the Grantee, such as guarantying that the Grantor owns the property being conveyed and that the Grantor guarantees the title to the property, subject only to the encumbrances set forth in Exhibit ?A?.

Form P-64B is used to request an exemption from the conveyance tax. Depending on the type of transaction, Form P-64B must either be (1) submitted to the Department of Taxation, Technical Section for approval of the exemption, or (2) filed directly with the BOC.

A Hawaii quitclaim deed is a form of deed conveying interest in real property from a Seller (the ?Grantor?) to a Buyer (the ?Grantee?). Because it is a quit claim, the seller is transferring the property with no guarantee whatsoever that he or she has clean title to the property.

The fee to record a Hawaii deed depends on the system in which the deed is recorded. Land Court System deeds require a $36.00 recording fee?increased to $101.00 for deeds exceeding 50 pages. Regular System deeds require a $41.00 recording fee?increased to $106.00 for deeds exceeding 50 pages.

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Hawaii Ratification of Prior Deed