Deed Lawyers in New York
Legal Counsel for Deed Drafting, Transfers, and Much More – 516.246.2449
Deeds are legal documents that establish the ownership of real estate. While the purpose of a deed seems straightforward on the surface, the actual management and creation of deeds can be far more complex than you might expect. If you have found yourself in any situation that involves or concerns deeds, mortgages, and the like, you should seek out dedicated and experienced legal counsel right away.
New York Deed Attorney James J. Quail of James J. Quail & Associates, P.C. in Massapequa can help you from start to finish with any deed-related procedure or transaction. Our New York real estate law firm proudly offers competitively-priced flat-rate fees for such services.
Rely on the expertise of a skilled Massapequa deed attorney at James J. Quail & Associates, P.C.. Contact us or call (516) 246-2449 now to arrange your consultation without delay.
How to Obtain the Deeds to your House
First, you will need to search for a deed. You can search for the deed at the county recorder's office where the property is located. Once you get a hold of the deed, check it for accuracy to ensure it reflects your ownership. It will include your name, a description of the property, and other pertinent information. If you cannot locate the original deed and need a copy, you can get a copy at the county recorder's office where the property is located.
If you need to update the deed due to inaccuracies, you can do this through a quitclaim deed or warranty deed.
- Quitclaim deeds transfer property ownership from one party to another without guarantees or warranties.
- Warranty deeds ensure that the seller has clear title to the property and transfers ownership with warranties.
When updating the deed, you must file it with the county recorder's office to ensure it is a matter of public record.
The process of updating a deed or drafting pertinent documents related to your deed can be complex and confusing. that's why we recommend working with an experienced New York deed attorney to help you through the process.
What Are the Different Types of Deeds Used in New York?
The state of New York accepts many types of deeds, many of which serve a distinct purpose when transferring the ownership of property.
Below are some examples of New York deeds:
Warranty Deed: This type of deed provides the most protection. It protects the buyer because it guarantees that the seller owns the clear title and has the right to transfer it. It also guarantees there are no liens, easements, or other types of claims against the property.
- Quitclaim Deed: This transfers the seller’s interest in the property -- it is considered “less secure” because it does not guarantee the title or the condition of the property. This is type of deed is typically used when gifting property to loved ones.
- Bargain and Sale Deed: This is the most commonly used deed and transfers ownership of a property from a seller to a buyer. It is similar to a quitclaim deed but provides a little more protection in that it confirms the seller legally owns the property and they have the right to sell it. If there is an issue with the title, the buyer may be responsible.
- Life Estate Deed: This allows the property owner to transfer ownership of their property to a “remainder beneficiary” while allowing them the right to live in their property for the rest of their life. When the life estate holder passes away, their interest is terminated and the grantee will have full rights to ownership. This bypasses the probate process but this may be considered a taxable event as a gift unless a contemporaneously executed document is executed stating it's a pre-testamentary gift. Otherwise, a Transfer on Death Deed should be used.
- Transfer on Death (TOD) Deed: This allows for real estate to be automatically transferred to the owner’s beneficiaries upon their death, which avoids probate, minimizes fees, and streamlines the process for beneficiaries.
For experienced guidance in choosing the right deed for your situation, consult with a skilled deed lawyer in Massapequa from James J. Quail & Associates, P.C.. Attorney James J. Quail can ensure that your deed is prepared correctly and meets legal requirements in New York. For peace of mind during your property transactions, connect with us right away.
Reach out to a deed lawyer near you for experienced legal support. Call (516) 246-2449 or complete our online form to begin.
About Transfer On Death Deeds
After the Real Property Transfer on Death Act went into effect on July 19, 2024 the New York Transfer on Death (TOD) deed now allows property owners to name beneficiaries who will inherit their real estate automatically after their death without going through the probate process.
Benefits of Transfer On Death Deeds
- It simplifies the process of transferring property after death, avoiding lengthy and costly probate proceedings.
- It allows property owners to retain full control of their assets during their lifetime. This means that they may sell, mortgage, or revoke the TOD deed at any time.
- It provides clarity by designating a successor, reducing potential family disputes over the inheritance.
If you're considering filing a TOD deed or need advice, a skilled deed attorney near you at our firm can provide personalized, reliable assistance to protect your assets and ensure a smooth property transfer to your beneficiaries.
Who Can Use a TOD Deed to Transfer Property in New York?
A Transfer on Death deed is available to property owners who wish to simplify the process of transferring real estate to their beneficiaries after their passing. Any person who owns real property, such as a house or land may use this type of deed as long as they meet the legal requirements in New York -- this includes being of sound mind and having a clear title to the property.
TOD deeds allow property owners to have control of their real estate -- they may live in it, sell it, refinance it, or revoke the TOD deed at any time. If you are considering creating a TOD deed, it is important to complete it properly and record it with the local county clerk. For guidance and accurate preparation, consulting a qualified deed lawyer near you in Massapequa can help ensure that your deed complies with state laws and effectively meets your needs.
Have questions? Reach out online or dial (516) 246-2449 for a consultation.
How Much Does a Deed Lawyer Charge?
Our flat-rate service fees include:
- $950: To obtain a prior deed, draft a new residential deed and transfer documents, and file with the county clerk, plus recording fees.
- $550: To draft mortgage satisfaction or assignment, including obtaining a mortgage, drafting a satisfaction or assignment, and filing with the county clerk, plus recording fees.
- $150: An additional flat-rate free for properties located in the City of New York.
- $125: Title company filing fee
- $275: Remote Notary Fee
- $150: Additional for parties out of the country
- $25: For Additional Parties
- Plus any overnight postage
Schedules of Recording Fees
Throughout New York, each county charges recording and filing fees for deeds and mortgages. The amount varies depending on the county and is subject to changes in regulations. For your convenience, our law firm manages and charges the applicable county recording fee rates and service charges in addition to our flat-fees. This way you only need to make one payment to our law firm, rather than dealing with providing payment to the right county clerk’s office.
The following are the county/city recording fees:
1, 2, or 3 family dwellings:
- Nassau: $870
- Suffolk: $415
- New York City: $207
- Richmond: $191
About Satisfactions & Assignments of Mortgages
Under New York’s Real Property and Proceedings Law §1921, a mortgage is required to file a satisfaction within 30 days. Failing to record a satisfaction within 30 days can bring financial penalties, which will escalate if the recording is not completed at the 60-day and 90-day marks as well. If you are a private lender, you are not allowed to simply provide a satisfaction to the borrower, but you must have it recorded instead.
Contact Our New York Deed Lawyers
Discover unparalleled advantages by choosing James J. Quail & Associates, P.C. as your New York Deed Lawyers. Our seasoned legal team ensures seamless property transactions, safeguarding your interests at every step. With years of expertise, we offer thorough guidance, resolve complexities, and protect your investments. Rest assured, your real estate dealings are in capable hands. Experience the peace of mind that comes with having a dedicated legal ally. Make the smart choice for your property endeavors—reach out to us at James J. Quail & Associates, P.C. and pave the way to a secure and prosperous real estate journey.
Would you like to know more about our deed and mortgage assignment services? Please call 516.246.2449 to speak with a New York deed lawyer near you. You can also use an online contact form if you prefer.