This is a document that transfers the title of real property from one party to another subject to an encumbrance. This type of deed provides a guarantee that the transfer is lawful, and requires the transferring party to defend against any claims of ownership. However, the property is transferred along with a lien or encumbrance, such as a vendor's lien or real estate lien. This document can be used by individuals or entities that want to transfer the title of real property along with an encumbrance while providing a guarantee of true and legal ownership.
Real Estate Deed Subject to Lien This is a document that transfers the title of real property from one party to another subject to a lien. This deed properly conveys ownership of real estate from the grantor to the grantee. However, the property is transferred along with a lien, such as a vendor's lien or real estate lien. Simply enter your information in the yellow highlighted fields, delete the bolded instructions, and you will have a customized deed that will protect both parties. This deed is ideal for individuals or small businesses that want to convey real estate subject to a lien. REAL ESTATE DEED (Subject to Lien) STATE OF _________________ COUNTY OF _____________ [Instruction: Insert the County] KNOW ALL MEN BY THESE PRESENTS: THAT THE UNDERSIGNED, ___________________ [Instruction: Insert full legal name(s) of seller(s)], hereinafter referred to as the “Grantor”, whether one or more, for and in consideration of the sum of ________ ($___) [◊ Instruction: Insert the amount E.g., five hundred dollars only ($ 500)] and other valuable consideration to the undersigned in hand paid by the Grantee herein named, the receipt of which is hereby acknowledged, has GRANTED, SOLD AND CONVEYED, and by these presents does GRANT, SELL and CONVEY unto ______________________ [Instruction: Insert full legal name(s) of grantee(s)], hereinafter referred to as “Grantee”, whether one or more, all of Grantor’s right, title and interest, in and to the real property, being Grantor’s separate property, hereinafter referred to as the “Property” described in “Exhibit A” attached hereto and made a part hereof: This conveyance, however, is made and accepted subject to that certain indebtedness described as follows: 1. Vendor’s Lien in Deed dated ______ [Month] ___ [Date], 20___, recorded in the real property records of _____________________ County [Instruction: Insert the County], _________________ in ___________________________________________________________________________ ___________________________________________________________________________ [Instruction: Insert description that provides details where the Vendor’s Lien in Deed is formally recorded, such as volume and page number]; 2. Real Estate Lien Note, dated _____ [Month] ____ [Date], 20___, in the original principal amount of ________ ($___) [◊ Instruction: Insert the amount E.g., Fifty dollars only ($ 50)], executed by __________________________ [Instruction: Insert the name of person who executed] to __________________ [Instruction: Insert the name of person to whom executed], and secured by Deed of Trust of even date, to ________________________ [Instruction: Insert the name of trustee], Trustee, for the benefit of said lender, recorded in the real property records of __________________________ County [Instruction: Insert the County],_________________ in_________________________________________________________________________ __________________________________________________________________ [Instruction Insert description that provides details where the Deed of Trust is formally recorded, such as volume and page number], which indebtedness Grantee has not hereby assumed, and any and all other restrictions, encumbrances, easements, covenants and conditions, if any, relating to the hereinabove described Property as the same are filed for record in the real property records of ___________ County [Instruction: Insert the County], _________________. TO HAVE AND TO HOLD the above described Property, together with all and singular the rights and appurtenances and privileges thereto in anywise belonging, unto the said Grantee, Grantee’s heirs, executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor’s heirs, executors, administrators, successors and assigns forever; and Grantor does hereby bind Grantor’s heirs, executors, administrators, successors and/or assigns to WARRANT AND FOREVER DEFEND all and singular the said Property unto the said Grantee, Grantee’s heirs, executors, administrators, successors and/or assigns against every person whomsoever claiming or to claim the same or any part thereof. But it is expressly agreed that the Vendor’s Lien, as well as Superior Title in and to the Property, is retained against the Property and improvements until the above described Note and all interest thereon is fully paid according to the face, tenor, effect and reading thereof, when this Deed shall become absolute. It is further acknowledged that current ad valorem taxes on the Property having been prorated, the payment thereof is assumed by Grantee. EXECUTED this ______ [Month] [____] Date, 20___ but to be effective upon the date this instrument is filed for records of ___________ County [Instruction: Insert the County], _________________. © Copyright 2012 Docstoc Inc. 2 Signed on ______ [Month] __ [Date], 20___. ___________________________________ [Instruction: Insert signature of Grantor] ______________________________________________ [Instruction: Insert typed or printed name of Grantor] © Copyright 2012 Docstoc Inc. 3 Exhibit A [Instruction: Insert legal description, address and all necessary things related to the property] © Copyright 2012 Docstoc Inc. 4 ACKNOWLEDGMENT STATE OF _________________ COUNTY OF ________________________ Before me, the undersigned Notary Public, on this day personally appeared ___________________ known to me (or proved to me on the oath of ____________, or _______________) to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed in the capacity set forth and for the purpose and consideration therein expressed. Given under my hand and seal of office this________ day of _________, 20_____. [Notarial seal, if any] _______________________________ NOTARY PUBLIC STATE OF _________________ After recording, return to Grantee, at: Grantee’s address: _______________________________ _______________________________ _______________________________ © Copyright 2012 Docstoc Inc. 5
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