Notary Services and Real Estate Title Options

Notary Services and Real Estate Title Options

One of the most important choices you will make as a property buyer is how to hold title to your property.  Holding title to a property refers to how you own the property and the rights that go along with it.  Along with choosing how to hold title, buyers have the opportunity to choose a title agency to manage the title work.  Many title agencies offer notary and escrow services as well and some buyers like having all of these services under one roof. 

Ways to Hold Real Estate Title

There are four basic types of home ownership, or ways to hold title, in the United States.  The primary impact these choices have on the property owner has to do with how the property is passed on after death.

  • Fee Simple is the most common and, as the name implies, simplest way to hold title to a titleproperty.  This type of ownership provides full rights of possession at present and in the future to the person named on the deed.  This ownership lasts until the property is sold.
  • Joint Tenancy with Right of Survivorship is commonly used by those who purchase a home together.  With this type of real estate title, each owner has an equal share of the property.  The Right of Survivorship portion of this type of title means that when one of the owners dies, the surviving owner automatically receives the deceased’s portion of the property.  The property is not disposed of in a will and does not pass to heirs of the deceased.
  • Tenancy in Common is similar to Joint Tenancy but without the Right of Survivorship.  Each owner has a specified interest in the property.  They may have equal or unequal shares.  While their interests may be unequal, they have 100% use of the property, no matter what their shares actually are.  Since they both have 100% use of the property, it cannot be sold without the others’ permission, but an owner may transfer his or her interest in the property without the permission of the co-owners.  The key component of this type of ownership is that each owner can specify whom the property is to go to upon their death in their will.  It does not automatically pass to the co-owner.
  • Tenancy in the Entirety is restricted to married couples.  It is also called the Community Property.  Similar to joint tenancy, each partner owns 100% of the property and needs the consent of their spouse in order to transfer ownership of the property.

The title agency plays an important role in your real estate transaction.  From conducting a title search to holding escrow funds to providing notary services, your title agency is intimately involved with your property transaction.

No matter how you ultimately decide to hold your real estate title, you will need to have a notary public oversee the signing of the transaction documents.  A notary is a public official licensed by the state to perform acts in legal affairs, primary of which is serving as witness to signatures on documents such as real estate forms, mortgages, deeds, and titles.

The deed will need to be filed appropriately with your county recorder or registrar of deeds.  In some states, the signing of the deed must also be witnessed.  Your title agent can provide valuable insights as to which type of title is best for your situation and the rules and regulations that apply in your state.

Title Junction is a full service real estate title company serving the area of Fort Myers, Cape Coral and the entire state of Florida since 2005. The company handles a number of real estate title services for both commercial and residential properties. Employees of Title Junction can also act as a witness in courtesy closings as well as an escrow agent or a notary public.

Please contact Jennifer Ferri of Title Junction, LLC for further information @ 239-415-6574 or www.title-junction.com

We are not attorneys, the information contained in this blog post is provided for educational purposes only as well as to give you general information and understanding. It should not be considered or construed as legal advice.

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Posted on January 31, 2014, in Title and tagged , , , , , , , , , , , , , , . Bookmark the permalink. Leave a comment.

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