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Montana Warranty Deed - Three Individuals to Two Individuals

State:
Montana
Control #:
MT-020-78
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the Grantors are Three Individeuals and the Grantees are two Individuals. Grantors convey and warrant the described property to the Grantees. The Grantees take the property as tenants in common or joint tenants with the right of survivorship. This deed complies with all state statutory laws.

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FAQ

It is possible to be named on the title deed of a home without being on the mortgage. However, doing so assumes risks of ownership because the title is not free and clear of liens and possible other encumbrances.If a mortgage exists, it's best to work with the lender to make sure everyone on the title is protected.

In most cases, the surviving owner or heir obtains the title to the home, the former owner's death certificate, a notarized affidavit of death, and a preliminary change of ownership report form. When all these are gathered, the transfer gets recorded, the fees are paid, and the county issues a new title deed.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

A deed, of course, is a legal document representing property ownership. But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.

The law doesn't forbid adding people to a deed on a home with an outstanding mortgage. Mortgage lenders are familiar and frequently work with deed changes and transfers.When you "deed" your home to someone, you've effectively transferred part ownership, which could activate the "due-on-sale" clause.

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

If you've recently married and already own a home or other real estate, you may want to add your new spouse to the deed for your property so the two of you own it jointly. To add a spouse to a deed, all you have to do is literally fill out, sign and record a new deed in your county recorder's office.

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

Six people can be on title. It can cause a lot of problems when it comes time to sell though. If even one of the six won't sign, you have a problem. They can sign at different times and from different locations depending on the closing attorney or escrow company.

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Montana Warranty Deed - Three Individuals to Two Individuals