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Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
The most common way to transfer property is through a general warranty deed (sometimes called a "grant deed"). A general warranty deed guarantees good title from the beginning of time. A special warranty deed only guarantees good title during the seller's time of ownership.
As with any conveyance of realty, a gift deed requires a complete legal description of the subject parcel. If the conveyance includes any new plat or survey information, it must be signed and sealed by a licensed professional land surveyor (La. Rev. Stat.
A Louisiana deed is a legal document used to transfer land or real estate in Louisiana from one person to another. Deeds must be witnessed by two witnesses and a notary.
Using a Deed The most common form of transferring property ownership in Louisiana is done via a voluntary contract through the owner, also known as the seller, and the transferee, also known as the buyer. Real estate ownership is transferred using a valid contract, also known as an authentic act.
A: Yes, a quitclaim deed can protect you by getting the deed in your own name exclusively. This is possible through a divorce proceeding or your spouse can sign a quitclaim to relinquish his rights to the property. If the mortgage is in your spouse's name, it doesn't mean he has an ownership interest.
Recording ? Must be submitted to the Clerk of Court's Office in the parish where the property is located along with the required filing fee (varied by office). Signing ? A quitclaim deed must be authorized with the Grantor(s) (the Sellers) in front of two (2) witnesses and a notary public.
Once you complete the form, file it with the parish in which the real property sits and pay the applicable recording fee. Most quitclaim deeds will be less than five pages, meaning the fee will be $105.00.