Contents |
Types (5)
Deed of Trust – A legal agreement wherein a trustee retains a property title until a debtor settles their obligation to a creditor.
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Quit Claim Deed – Used to release a grantor’s claim to a title; not used for conveying warranties in real property transfers.
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Special Warranty Deed – Can only convey warranties against title encumbrances made under the present title holder.
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Transfer on Death Deed – Transfers an interest in real property to a named beneficiary upon the owner’s death.
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Warranty Deed – Used to convey a property title to another party with full protection against title defects and a guarantee that the grantor is the current title holder.
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Laws & Requirements
- Statutes: Title 34, Chapter 2 (§§ 34-2-101 to 34-2-137)
- Formatting (§ 18-3-402(a)(vi) – (viii)): Individual counties may have specific formatting requirements (see Sweetwater County).
- Signing Requirements (§ 34-1-113): Notary Public
- Where to Record (§ 34-1-118): County Clerk’s Office
- Recording Fees (§ 18-3-402(a)(xvi)(A)): $12 for the first page + $3 for each additional page
- Forms:
- Statement of Consideration (§ 34-1-142(a)): Must be completed by the grantee and submitted to the county clerk when recording a deed.
- Property Disclosure Statement (§ 34-1-151): Must be completed by a seller of vacant land to inform the buyer of the state of the property.