Just was informed that Title Companies don't write Deeds anymore. The days of the Do all Title Company are officially gone.
Question is: Who does Deeds now. In my mind a Surveyor should write them. I believe some word processing programs actually have a Deed writing app.
Local Attorney for obvious reasons says it should be an Attorney and it would be a conflict of interest for a Surveyor to write them.
Who does your deeds for you?
I have always strayed away from created deed documents.?ÿ I leave that up to the title company or an attorney.?ÿ Surveyors should stick to what we know, legal descriptions.?ÿ Just as attorneys should hold themselves back from creating legal descriptions.
On topic, I did just have a client contact a title company about created deeds for a property line adjustment.?ÿ They said they would not do it without opening a new policy and sent him to an attorney.
As a Land Surveyor I prepare descriptions, not Deeds.?ÿ Attorneys, Courts, Banks, R/W Agents, Title Companies and private landowners write Deeds.
I attest to the accuracy of the location by attaching my stamp; other agents or the principles attest to who gets what in what measure.?ÿ Not my purview.?ÿ The Grantor-Grantee and other signatories?ÿ are not under my control, therefore I am not liable for malfeasance concerning those problems if they arise.
I've done it and hated myself in the morning. It turns out the deed was contested not because of anything to do with the deed but the grantor was apparently drunk and the Notary should have know that.?ÿ Of course I got drug into it and it was a pita.?ÿ
For the past 25 years, I agree with Mike. Just because a conglomerate/syndicate does not want to ultimately accept responsibility for what would seem to be a simple task does not mean that I should accommodate them.?ÿ
For a simple cash sale the?ÿ client can write their own deed, the forms can be downloaded for free. The only skill required is the description, but if you are in a sane place, the description will either be the same as the one on their deed, or will be lot X of XXX Subdivision... so they can do that too.(In Alaska, with a few exceptions, anything else would be a violation of law).?ÿ
The challenge to deed writing is to first understand completely the multitude of various deed options that exist and gathering all the data to determine which option is the correct option.?ÿ Then you run into making certain that every name involved is consistent with other documents and personal preferences.?ÿ Little things like adding the phrase "an unmarried man" after a guy's name can be extremely important.?ÿ There are things like this that are very important to what the document really is doing and goes far beyond having a valid description of the tract involved.
On the other hand, I have seen handwritten deeds (probably of the wrong type) with a description no more complex than:?ÿ All that tract identified by Hickville County as CAMA#067021003360002005.01
They pull that off the annual tax notice and figure if it's good enough for the County it must be good enough for everyone else.
Surveyors write legal descriptions. Attorneys write deeds. An attorneys fee for writing a deed need not be more than a few hundred dollars. In this deal the surveyor gets the bigger part.
The regulatory environment is a lot different for descriptions and the actual operative language of a deed. Minnesota has a statute that says "any person may draft a conveyance," although it has to have a statement saying who drafted it. This is unusual. Many states have restrictions on who can draft a deed.
I remember looking up the statute in Texas in connection with some property there. As I recall, drafting a deed there is considered to be practicing law. I believe Iowa has a similar statute. Anyone who lives or practices in those states, feel free to correct or clarify.
All that tract identified by Hickville County as ...
Which works until the county changes it.?ÿ I think I read of that happening.
I had one like that once. We never could find what the number corresponded with (they had all changed twice), even with an extremely helpful local government.?ÿ
Right, it is practicing law in many states, but the land owner can always right one himself.
The difference is that a deed written by a land owner is just as valid as a deed written by an attorney.
A survey by a landowner doesn't mean much, unless all the neighbours agree.?ÿ
"Who does your deeds for you?"
I've never needed one written for me. As for my clients, whoever they decide upon. As others have pointed out, the preparation of deeds is a legal function and I am not an attorney.
Years ago I did obtain some standard forms and filled them in with a typewriter for small transactions where I was purchasing a few low value tracts.
Have never even considered preparing a deed for anyone else.
Let the attorneys, title companies, real estate brokers, lenders, etc. handle that function as they do that sort of thing routinely as a part of their job function.?ÿ It is not the job function of a licensed land surveyor to prepare such documents for the public.
I did a survey for a client that prepared the Deed when he paid cash for the property.?ÿ No title company involved as far as I know.
I would caution against preparing Deeds for another person on a transaction you aren't involved in.?ÿ A person only needs a law license to represent someone else; they can represent themselves or write their own Deed.
I just don't get the auto correct on my phone. It changes what I write to nonsense more often than it helps.?ÿ
I just don't get the auto correct on my phone. It changes what I write to nonsense more often than it helps.?ÿ
That's spelled auto-incorrect.
I don't even like calling them, "legal" descriptions.?ÿ I usually call them "lot" or "parcel" descriptions