Preparation of Deeds, Mortgages and Other Documents

A deed is a legal document that transfers ownership of real property from one party to another. It must be properly drafted, executed, and recorded to ensure clear title and avoid future disputes. The type of deed used in a transaction depends on the level of protection offered to the buyer and the obligations of the seller. Common types of deeds include:

• Warranty Deed – Guarantees that the seller holds clear title to the property and has the right to transfer it. The seller also warrants against any past claims or liens.
• Quitclaim Deed – Transfers the seller’s interest in the property without any guarantees about title or liens. This type of deed is often used in family transfers or between parties with existing relationships.
• Special Warranty Deed – Guarantees that the seller has not encumbered the property during their ownership but does not warrant against previous claims.

Grant Deed – Provides limited guarantees that the property has not been sold to another party and that there are no undisclosed encumbrances.

A mortgage is a legal agreement in which a borrower pledges real property as security for a loan. Properly preparing and recording mortgage documents is essential to ensuring that both borrowers and lenders understand their rights and obligations. Kearney Law assists with:

• Drafting and reviewing mortgage agreements to ensure fair and enforceable terms
• Explaining mortgage clauses, including interest rates, prepayment penalties, and default provisions
• Addressing loan modifications, refinancing, and mortgage releases
• Ensuring compliance with state and federal lending laws

Beyond deeds and mortgages, real estate transactions often require additional legal documents, such as:

• Promissory Notes – A written promise to repay a loan under agreed-upon terms, often accompanying a mortgage agreement.
• Easements and Right-of-Way Agreements – Legal documents granting the right to use another’s property for specific purposes, such as access roads or utility lines.
• Title Transfers and Affidavits – Legal instruments used to confirm or correct title ownership issues.
• Leases and Land Contracts – Agreements outlining the terms of rental arrangements or installment purchases of real estate.

Power of Attorney for Real Estate Transactions – Authorizes another person to act on behalf of a property owner in executing real estate documents.