Ensure a property is free of liens at purchase: Grant Deed
What is a Grant Deed?
Grant deeds are typically offered when property is being transferred from one person to another, and when a mortgage or other loan is not being used. This is because mortgages usually go through a closing process, where the property is held by a banking institution until the ownership transfers. Here, the grant deed serves as the protection.
When to use a Grant Deed:
- You're buying property and want assurance that the property will not be sold to someone else.
- You are buying property and want a guarantee that the property does not have liens or restrictions tied to it.
- You are selling property and want to provide assurance to the buyer.
- You need to transfer property to a Trust or business.
- You want to gift property to another person or entity.
Sample Grant Deed
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| APN:___________________________ | SPACE ABOVE THIS LINE FOR RECORDER'S USE |
| SPACE ABOVE THIS LINE FOR RECORDER'S USE |
APN:
TO BE RECORDED IN:
PARCEL NUMBER:
GRANT DEED
THE GRANTOR(S),
| - | of , , , by the in docket number |
for and in consideration of: grants
to the GRANTEE(S):
| - | , , , , , a single person, a married couple, |
the following described real estate, situated in at , , , State of
(LEGAL DESCRIPTION):
Subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record the grantor hereby covenants with the Grantee(s) that Grantor is lawfully seized in fee simple of the above granted premises and has good right to sell and convey the same.
Tax Parcel Number:
| DATED:___________________________ |
| __________________________________ |
STATE OF ss:, ss:STATE OF , ss:
, COUNTY OF PARISH OF
On this _____ day of ____________________, _____, before me, ______________________________, the undersigned officer, personally appeared, known to me (or proved to me on the oath of ______________________________) to be the persons who are described in and who executed the within and foregoing instrument, and acknowledged to me that they executed the same.
Before me, a Notary Public (or justice of the peace) in and for said county, personally appeared the above named , who acknowledged that they did sign the foregoing instrument, and that the same is their free act and deed. In testimony whereof, I have hereunto subscribed my name at ________________________________, this _____ day of ____________________, _____.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
The foregoing instrument was acknowledged before me, by means of ☐ physical presence or ☐ online notarization, this _____ day of ____________________, ______ by , who are personally known to me or who have produced ________________________________ as identification.
This instrument was acknowledged before me on this _____ day of ____________________, _____ by .
On this _____ day of ____________________, _____, before me personally appeared , to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed same as their free act and deed.
On this _____ day of ____________________, _____, before me, ________________________________, personally appeared , known to me (or satisfactorily proven) to be the persons whose names are subscribed to the within instrument and acknowledged that they executed the same as for the purposes therein contained.
On this _____ day of ____________________, _____, before me, the undersigned, Notary Public for the State of Vermont, personally appeared , to me known (or to me proved) to be the identical persons named in and who executed the above Grant Deed, and acknowledged that such persons executed it as such persons' voluntary act and deed.
The foregoing instrument was acknowledged before me this _____ day of ____________________, _____, by .
In witness whereof I hereunto set my hand and official seal.
_________________________________
Notary Public
Signature of person taking acknowledgment
_________________________________
Name typed, printed, or stamped
Title (and Rank)
_________________________________
Title or rank
My commission expires _____________
_________________________________
Serial number (if applicable)
Serial number, if any
Notary Address:
_________________________________
_________________________________
_________________________________
_________________________________
A notary public or other officer completing this certificate verifies only the identity of the individual(s) who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
STATE OF CALIFORNIA
COUNTY OF
On ____________________ before me, ________________________________, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
________________________________________ (Notary Seal)
Signature of Notary Public
CountyParish
A person witnessing the signatureA second person witnessing the signaturetwo witnesses and
Prior to filing your deed you will needed to complete Real Estate Transfer Tax Form PT-61. To electronically file this form you can visit http://www.gsccca.org/efiling/pt61/
Oregon state law requires that all deeds be recorded no more than 15 days after being signed.As a number of counties in Arkansas have two county seats you should make certain you are recording the deed in the correct office.
Most counties will not accept your deed for recording until proof all transfer taxes have been paid. Some towns will affix a town stamp to the deed when you have paid the required taxes.
A cover sheet must be created through ACRIS (Automated City Register Information System) www. nyc.gov before the deed can be recorded.
Cattaraugus County and Chautaugua County require a carbon copy of the information contained in the deed, not the deed, for each of the townships affected by the deed. The information needed in this information sheet includes: Date of conveyance, Consideration given, Name of Grantor(s) and Grantee(s), Mailing Address of the Grantee(s) and the Legal Description of the property conveyed.
If you are a resident of Cook County and this Grant Deed is for a transfer of residential real estate:
Grantor must sign the deed in front a notary. The notary is required by law to get the Grantor's right thumb print on their Notary Report.
Unless your notary is an employee of a principal, employee or agent of a Title Insurance Company, Title Insurance Agent, Financial Institution or attorney, the notary must deliver an original Notarial Record within 14 days of notarizing the document to the Recorder of Deeds of Cook County along with a filing fee of $5.00. If your notary is one of the above they may retain the record at their place of employment
Ask the Registry Employee prior to recording your deed to verify if you deed should be recorded or registered. The deed will be invalid if it is recorded or registered in the wrong place.
Additional Documents Required to File with Your Grant Deed
A Illinois Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.
The Grantor must fill out a Declaration of Value, Ground Water Hazard Statement and pay transfer taxes on the property before the deed will be accepted for recording.
A Nevada Declaration of Value form must be filed with your deed. You will need to obtain this form from your County Recorder.
Real Estate Transfer Statement Form 521 will need to be completed and filed with your deed. You can obtain this form from your County Recorder or online at http://www.co.cheyenne.ne.us/Form521.pdf.
Within 30 days of recording your deed you will need to file a Declaration of Consideration statement with the Department of Revenue Administration. This form can be found on the New Hampshire Department of Revenue Administration Website.
Each County has its own transfer tax and property ownership forms, which must be filed and recorded with your deed. You can obtain these forms by contacting the County Registrars Office where the property being transferred is located.
A Certificate of Real Estate Value must be filed with your deed. You will need to contact your County Recorders Office to obtain this form.
Preliminary Change in Ownership Form must be completed and filed with your deed. You can complete this form at the County Assessor's Office when you file your Grant Deed.
Affidavit of Consideration: Must be completed and filed with your deed if:
a) If the full consideration is not stated in the deed
b) When an exemption to Realty Transfer Fee is claimed
c) If the transfer involves Class 4 property (commercial, industrial or apartments)
d) If the transfer involves "new construction"
Visit this address if you would like to print this form:
www.state.nj.us/treasury/taxation/pdf/other_forms/lpt/rtf1ee.pdf
Statement of Value must be filed with your deed in duplicate-
www.revenue.state.pa.us/revenue/lib/revenue/rev-183.pdf
Real Estate Transfer Tax (From PT-61) form must be filed prior to recording your deed (This form should be completed and submitted online at http://www.gsccca.org/efiling/pt61/)
Real Estate Excise Tax Affidavit must be filed with your deed
http://dor.wa.gov/Docs/forms/RealEstExcsTx/RealEstExTxAffid_E.pdf.
*If you are in Asotin, Clark, Pacific, Skamania or Whatcom County you will need to contact your County Treasurer or Recorder to get the correct Affidavit.
Real Estate Excise Tax Supplemental Affidavit must be filed in addition to the Real Estate Excise Tax Affidavit with your deed if you are claiming an exemption to the tax
http://dor.wa.gov/content/getaformorpublication/formbysubject/forms_reet.aspx
Affidavit of Property Value will be provided by your County Recorder if it is required
State of Maryland Land Instrument Intake Sheet must be filed with your deed
http://www.courts.state.md.us/courtforms/circuit/intakesheet.html
Well Disclosure Statement must be filed with your deed if wells are on the property being transferred and the number of wells has changed since the last Well Disclosure Statement was filed.
www.health.state.mn.us/divs/eh/wells/disclosures/certificateform.pdf
In the Parish of Orleans, the Clerk of Court and Ex-Officio Register of Conveyances and Records of Mortgages will need to provide you with a certificate that will be attached to your deed stating the Grantor owns the property free and clear of debt. Make sure you obtain this certificate prior to recording your deed.
It will be necessary for either a Grantor or Grantee to execute the consideration statement at the end of this deed verifying the amount of the consideration paid.
Grant Deed FAQs
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When can I use a Grant Deed?
This Grant Deed document can be used if:
- You're buying property and want assurance that the property will not be sold to someone else.
- You are buying property and want a guarantee that the property does not have any liens or restrictions tied to it.
- You are selling property and want to provide assurances to the buyer.
- You need to transfer property to a separate business or trust.
- You want to give a gift of property to another person or entity.
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How do I get a Grant Deed?
A Grant Deed is a fairly straight forward real estate document. You only need to have a few pieces of information prepared in order to create the Grant Deed document featured on this page.
You'll want to have the following information on hand in order to create your Grant Deed:
- Property details – You will need the parcel number and legal description of the property that is being sold. Attaching an image or a map is optional.
- Contact information for the recipient of the original recorded deed – Often this is an attorney, trustee, grantor, or grantee.
- Contact information for who is granting the property – This might be an individual person, more than one person, a trust, or a business.
- The amount of money exchanged – If the property is a gift, you'll want to specify zero dollars. If the property is granted pursuant to a sale, list the purchase price.
- Oil, mineral, or other similar rights – These aren't necessarily granted with the property. Some sellers may opt to retain these rights for future purposes.
- Rights to the property – In some cases, sellers retain rights to live on property, even after the ownership has been transferred. For example, in the event of a life estate, the grantor may live on the property for the rest of his or her life, and then the property passes to the grantee. In other cases, owners may retain rights to access items that they will keep stored on the property, such as equipment. To avoid a future misunderstanding, make your description as detailed as possible.
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Who signs a Grant Deed?
Aside from the notarization requirements, the only party that absolutely must sign the Grant Deed is the grantor (in most cases the seller). Most state laws require that in addition to the grantor signing the deed, it must be acknowledged by a public notary. While the new owner of the property must be included in the information within the Grant Deed, the recipient is not legally required to sign the Grant Deed.
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What is the difference between a Grant Deed and Title?
Title is a document that demonstrates proof of ownership. The Title will include information about the owner, including their name and signature. A Grant Deed, in contrast, is a legal document that is used to convey (transfer) property from one person to another. It's helpful to put the emphasis on "grant" in Grant Deed, as one person is "granting" the property to someone else, similar to the concept of granting a wish, for example.
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How long does it take to record a Grant Deed?
The amount of time it takes to record a Grant Deed will vary by jurisdiction. Busier areas will necessarily take longer to process. You can ask the office where the deed is to be recorded what their estimated timeline is. Many counties now provide access to real property records online and free of charge, so you may be able to check there periodically.
The office where your deed will be recorded is usually called the County Recorder's Office. However, it is sometimes called a Register of Deeds or a Land Registry office. In many cases, the county courthouse usually houses the office.
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Do Grant Deeds need to be notarized?
Because real estate transactions usually have a lot at stake, they typically require notarization. A Grant Deed is no exception, it must be notarized and recorded. In some jurisdictions, it may also need to be witnessed.
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How do I get a copy of a Grant Deed?
Once filed, Grant Deeds are public records. You can usually obtain a copy from the local recorder's office in the county the property is located. Counties vary on how you can request a copy. Some counties provide online services and others may require that you visit the recorder's office. Additionally, you may not be able to obtain a copy on the spot. You may have to wait for a mailed copy. A small fee is usually charged.
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What is the difference between a Grant Deed and a Quitclaim Deed?
Grant Deeds are most often used by parties who do not know each other as part of the paperwork involving the transfer of property. Quitclaim Deeds are often used to transfer interest in a property and are frequently used during divorce proceedings. For example, one spouse bought a home on their own before they got married. After they divorce, often a third-party buyer will ask the former spouse to sign a Quitclaim Deed to show they have no interest in the property.
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What is the difference between a Grant Deed and a Warranty Deed?
Grant Deeds offer a bit less protection for the buyer than Warranty Deeds . Some states do not support Grant Deeds and use Warranty Deeds instead. Both are used to show that the property does not have liens or other financial obligations against it. They both also state that no other buyer can buy the property out from under them. However, with a Grant Deed, the warranties are implied whereas in a Warranty Deed they are "guaranteed." In both cases, you can sue if you find out the agreement is violated, like if you discover a tax lien on the property. If you don't know which document your state supports, you can ask a lawyer .
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What is the difference between a Grant Deed and a Trust Deed?
In the simplest of terms, a Trust Deed is used if the property sold is financed. A Trust Deed is similar to a mortgage. In this case, the title of the property is held "in trust" until the loan is paid in full. The property acts as collateral for the loan.
If you'd like to learn more about transferring property, see How to Transfer Real Estate .
