Here you will find useful general information that will help start and guide you through the closing process.
Real Estate Deeds – State of Ohio
A Real Estate Deed is the document that physically transfers the property from the Grantor (Seller) to the Grantee (Buyer). We have provided some additional details on types of Real Estate Deeds. If needed seek legal counsel to determine what type of Real Estate Deed you should have to hold Title.
General Warranty Deed
This is the most frequently used deed in Ohio. It is the conveyance of real estate by Grantor in fee simple to Grantee, its heirs, assignees or successors. Grantor warrants and defends the Grantee, his/her heirs, assignees/successors against the lawful claims and/or demands of others. Conveyance to more than one creates a “tenancy-in-common” relationship amongst which means that each owner owns an undivided interest in the property (unless specifically stated in the deed). Seller’s warranties are desirable, but title insurance protects Buyer and Seller as it may reduce actual exposure from chain of title defects if they arise.
Limited Warranty Deed
Grantor/Seller ONLY warrants title to Grantee/Buyer during the time period that it held title. Grantor/Seller is NOT responsible for matters previous to Grantors acquisition. The type of deed is commonly used in commercial transactions between corporations and/or other business entities. Title insurance will further protect Grantor/Grantee during not only during Grantors ownership interest but prior to.
Joint & Survivorship Deed
Frequently used when two or more individuals are Buyers.
Upon death of one of the owners, their interest is not considered an asset of the estate and title transfers to the survivor(s) upon recordation of a certified death certificate, thus avoiding probate. Survivorship language can be combined with any other type of deed be it Warranty Fiduciary, Quit Claim, etc.)
Conveyance of real property made by an Executor, Administrator, Guardian, Trustee, etc. to the grantee. Fiduciary deed states that the grantor has the legal authority to transfer the property in their respective capacity.
Quit Claim Deed
Conveyance of real estate in fee simple of whatever interest the Grantee owns. Grantee assumes real estate “as is” and no warranties are expressed nor implied.
Transfer on Death Designation Affidavit
You may also want a Transfer on Death Designation Affidavit depending on your marital status which avoids Probate and transfers the property directly to the Beneficiaries upon proper recordation of a certified death certificate. The Title to Real Property is NOT changed. This is executed and recorded to put on record that the beneficiaries will be upon death of the owner. It may contain contingent beneficiaries. In order to be effective, must be recorded PRIOR to the death of the owner. Beneficiaries can be changed/added/deleted without their authorization.
Closing Protection Coverage
A Closing Protection Letter is a document issued by First American Title and other underwriters that sets forth its responsibilities for negligence, fraud and errors in closings performed by its agents. It indemnifies the covered party against actual loss or damage arising from a breach of fiduciary duties owed by the closing agent to the parties of the transaction. If a problem arises out of closing through error or fraud and no closing protection letter exists, the parties would normally be able to look only to the closing agent for recovery.
When First American Title or other underwriter issues a Closing Protection Letter, it is affirmatively taking responsibility for certain problems that may arise within the escrow process when the closing is performed. First American Title or other underwriter agrees to reimburse for actual loss caused by these covered events when they arise in connection with the closing.
Ohio law (O.R.C. 3953.32) states that all title insurance agents are required to offer closing protection to the lender, buyer/borrower, seller or any other applicant for title insurance when title insurance is to be issued during the real estate closing. The coverage must be explained and offered to all covered parties. Each party must affirmatively accept or decline coverage either prior to or at closing.
Should you have additional questions, please contact us and we will be more than happy to assist you.