Kentucky Sample Letter for Warranty Deed - Recordation in Courthouse
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How to fill out Sample Letter For Warranty Deed - Recordation In Courthouse?
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FAQ
Law shall not prevent a person (not holding himself out as a practicing attorney) from writing a deed, mortgage, or will. 5 Such legislation accounts in part, no doubt, for the odd instruments that we, who read this article, shall observe passing through our courts.
A Kentucky quitclaim deed's distinguishing feature compared to other types of deeds is that it provides no warranty of title. A property owner who takes title through a quitclaim deed assumes the risk of problems with the property's title and has no right to sue for breach of warranty if a problem arises.
"A Quitclaim deed is defined as follows: A deed of conveyance operating by way of release; that is, intended to pass any title, interest, or claim which the grantor may have in the premises, but not professing that such title is valid, nor containing any warranty or covenants for title. Black's Law Dictionary.
(1) All deeds, mortgages and other instruments required by law to be recorded to be effectual against purchasers without notice, or creditors, shall be recorded in the county clerk's office of the county in which the property conveyed, or the greater part thereof, is located.
Kentucky requires the person transferring property (the grantor) and the person receiving property (the grantee) to sign the deed. A deed from or to more than one person must be signed by all grantors and grantees. A deed involving an entity must be signed by a representative with legal power to act for the entity.
A Kentucky general warranty deed is used to transfer property from a seller (grantor) to a buyer (grantee) in Kentucky. A warranty deed provides a guarantee from the seller to the buyer that the property is clear of any title defects and that the seller has the legal authority to sell the property.
Laypersons may conduct real estate closings, but may not answer legal questions that arise at the closing, or offer any legal advice to the parties. However, preparation of deeds and mortgages constitutes the practice of law and must be prepared by an attorney.
The grantors must sign the deed and the signatures must be acknowledged (notarized). The grantor and grantee must sign the consideration statement & the signatures must be notarized. The document must be filed in the county clerk's office of the county where the property is located (or the greater part).
