A deed is a document that transfers ownership of real estate from grantor to grantee. As there are usually two parties involved, the grantee wants to “receive the most” and the grantor wants to “give the least”. For this reason there is a gradient of “what is given”, ranging from virtually nothing being assured, to virtually absolute assurance going to the grantee.
Quit Claim Deed – used to transfer whatever ownership the grantor may have, possibly none whatsoever due to a title flaw. Grantee has no recourse. It’s also used to change vesting errors when a spelling error is in the vesting. It makes no warranty whatsoever.
Fiduciary Deed – issued by an agent (trustee, guardian, executor) acting in official capacity. Only the authority of the agent is warranted, think Quit Claim by other than “owner”. Often used by estates, trusts, sheriffs sales.
Bargain and Sale Deed – similar to Quit Claim, but the property is being sold rather than just relinquished. It does not guarantee that sellers’ ownership of the property is free and clear. Often used to transfer court seized property where the title chain is uncertain.
Trust Deed / Deed of Trust – used to secure a mortgage or note. It gives the trustee (typically the bank) the right to sell the property if the borrower defaults.
Grant Deed – provides assurance that the grantor owns the property and has not previously sold the property. And that there are no liens or encumbrances (made by the grantor) unless disclosed in the deed. Essentially saying the property is free of debt (of or by the grantor).
Special/Limited Warranty Deed – the grantor warrants clear title except for issues that existed prior to the grantor taking possession or are mentioned in the deed. Essentially the grantor is giving assurance that they did nothing to hinder clear title transfer. But, issues typically unknown to seller regarding title are not covered. Usually title insurance is required with the S/L WD to obtain bank approval for loans.
General Warranty Deed – Grantor conveys, without limitation, all of their right, title and interest to the property. Guaranteeing they are the rightful owner, property is free and clear of all encumbrances and debt (unless mentioned in deed). A key provision is that the grantor warrants the entire title chain, including issues prior to their taking possession to be clear, similar to title insurance. Grantor warrants having current title and possession.
Thus at one end of the spectrum is the quit claim deed, essentially saying “if it’s mine, it’s yours”; to the general warranty deed. With the GWD giving assurances as to clear ownership and the “Covenant of Quiet Enjoyment”. The COQE assuring the grantee will not be disturbed or dispossessed by a party having a lien or superior title. As is so often the case with legal documents, the devil is in the details. Fortunately, the title of the deed can quickly eliminate formats that are undesired. However, deeds are usually associated with purchases involving large sums of money, often the largest single purchase in a person’s lifetime. Many review the HUD, TIL, Note and Mortgage very carefully. But, they assume “a deed is a deed”. It’s best to have a skilled real estate attorney explain the deed prior to signing this important document.
.
You might also like:
The Closing Disclosure
http://blog.123notary.com/?tag=closing-disclosure
The Signature Affidavit
http://blog.123notary.com/?tag=signature-affidavit
The Compliance Agreement
http://blog.123notary.com/?tag=compliance-agreement
Our string on Power of Attorney posts
http://blog.123notary.com/?tag=power-of-attorney
The Deed of Trust
http://blog.123notary.com/?tag=deed-of-trust
Affidavits — in general
http://blog.123notary.com/?tag=affidavit
Index of information about documents
http://blog.123notary.com/?p=20258










Minimum wage for Notaries
I was thinking about this yesterday. Notaries would be much more happy if there was some sort of a minimum wage. I remember Ben Carson claimed that there should be a separate minimum wage for people fresh out of high school or college otherwise they might never get hired. Personally, I think the government should stay out of wage setting as it creates artificial market situations which might make it too expensive to do business. If someone is sluggish, minimum wage might be more than they merit. And when you combine minimum wage with taxes, insurance, unemployment, and the rest, it might lead many to outsource their work overseas!
Our average Notary averages $105 per signing.
But, you can’t outsource Notary work overseas — at least not yet. Notaries would feel like they were being treated better if they were paid a fair wage. On the other hand, Notaries surveyed half a year ago were averaging about $105 per signing which is not bad at all. Just because you get bad offers doesn’t mean that you actually do signings for $60. It is sort of like looking at the asking prices for houses on the market. The asking price and the sale price are often very different and will give you a distorted view of the market.
Do beginners have merit?
In any case, I feel that beginner Notaries with no experience and no 123notary certification do not merit a minimum wage. Most of the Notaries I test by phone do not know their documents, signing terminology and additionally do even worse when I ask them simple Notary questions. The fact is that we have a lot of unqualified people out there who feel they are worth a lot. In addition to minimum wage for Notaries, I feel there should be minimum standards as well. I feel that our new 30 point test should be the standard, and a particular test result such as a 14 or 15 should be the minimum to be hired at all.
What should qualified Notaries make?
A Notary who has signed 400 loans (and an prove it with journals) and who has passed the 30 point test with an adequate score in my opinion is entitled to some sort of standardized minimum wage. I feel that
$60 per signing of 5-99 pages
$65 per signing of 100-125 pages
$70 per signing of 126-150 pages
$80 per signing of 150+ pages
10 cents per page for printing
50 cents per page for fax backs
I feel that a Notary with good test scores who has signed 4000 or more loans deserves a lot more than this, but the market can determine their value. Just because you test well, doesn’t mean you show up on time, well dressed and with a good attitude.
What do you think a fair minimum wage for qualified Notaries should be? What about for not so qualified Notaries?
.
You might also like:
$40 for a signing 72 miles away?
http://blog.123notary.com/?p=14959
Is $75 enough to print 2 sets of docs, notarize & do faxbacks?
http://blog.123notary.com/?p=10369
The “Met my fee” list of signing companies
http://blog.123notary.com/?p=16979
A Notary Union? How would that work?
http://blog.123notary.com/?p=18878