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I can help you with straightforward real estate transfers. It's always a good idea to have a title examination done before you acquire a piece of property. But, I understand that sometimes you just don't think it's necessary because maybe you already know the history of the property, and you are just trying to get it titled in your name. Most of my clients simply want to take someone's name off of property, or add someone's name to property, usually a relative.
The current owner must provide the Act of Sale, Act of Donation or Judgement of Possession verifying his or her ownership of the property. I will prepare and notarize your paperwork, file it in the appropriate clerk's conveyance office, and provide you a file stamped copy. Since there is no title search, or mortgage, conveyance, tax or other certificates, the entire process can be completed within a few weeks.
In a cash sale, the seller agrees to sell, transfer, and deliver all of his or her rights, title and interest in property to the buyer in exchange for a sum of money. A cash sale is usually with all legal warranties of title. The seller acknowledges in the sale that he has received payment of the price agreed upon by the parties.
Generally, a donation is an irrevocable, gratuitous transfer of the donor's right, title and interest in property to the donee, with warranty of title. The donor is the person giving the property; the donee is the person receiving the property. No money is involved in a donation. It is a gift.
In a quitclaim deed, the person who already owns the property (the grantor) transfers, relinquishes and quits any claim he or she may have in the property without warranty that any rights actually even exit. Basically, if the grantor has any rights in the property, then those rights are conveyed to you. But, if it turns out that the grantor has no rights in the property, then you have acquired nothing. Therefore, you have no rights in the property.
What is an Act of Sale, Act of Donation or Judgment of Possession?
An Act of Sale is sometimes referred to as a "deed" or "cash sale." It is the document you signed when you purchased the property. An Act of Donation is also sometimes referred to as a "deed." It is the document you signed when you received the property as a gift from someone else. A Judgment of Possession is the court order signed by a judge recognizing the rightful heirs or legatees of a deceased person.
Why do you need a copy of the Act of Sale, Act of Donation or Judgment of Possession?
Because the parties are waiving a title search and production of mortgage, conveyance, tax and other certificates, the person transferring their rights must prove they have ownership and/or interest in the property. In the case of a Quitclaim Deed, even though title is transferred without any warranties, these documents provide a presumption of ownership. The parties must also provide a full legal description of the property, which is in these documents.
How do I get a copy of the Act of Sale, Act of Donation or Judgment of Possession?
You should have received a copy of this document at the time you acquired the property. If not, then you can get a copy of the Act of Sale or Act of Donation from the conveyance office of the clerk of court for the parish where the property is located. You can get a copy of the Judgment of Possession from the district court where the deceased person's succession was filed.
Do I have to produce a certified true copy of the Act of Sale, Act of Donation or Judgment of Possession?
A certified true copy is not necessary. However, the copy you provide must show the recordation information, i.e., where it was filed, the date filed and the case number or item number.
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While your Notary In The East is an expert in her field, she is not an attorney. The information presented on this website should not be taken as, nor is it intended to be a substitute for, legal advice. If you need legal advice, you should see a competent attorney licensed to practice law in Louisiana.
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