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Is there a thread for do-it-yourself deed preparation?

Corky

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I plan to purchase a resale timeshare and want to save money by preparing the new deed myself. How complicated it this? Has this already been discussed on TUG in an old thread?

Thanks for your educated advice.
 

Jimster

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Deed

Aside from all the other problems (and there are many) for doing this, what is the buyer doing writing up the deed? This is typically done by the seller and for good reason. If I'm the seller, I don't want you writing up my deed. What if you screw it up? Sure I may have the cash but I may not have conveyed away my interest and now have unexpected MF or the title clouded or something. I don't see how this is going to save you a cent. Have the seller do it. I do see tremendous margin for error here. I should tell you, I am a real estate attorney. Do what you want- if you screw it up one of two things will happen: 1. The transaction could jeopardize your ownership; 2. You will have to have it corrected by an Attorney- a task that I've done many times and it always costs much more. I encourage do-it-yourselfers for that reason.
 
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Giselherr

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I'd check out one of the software packages.

Corky said:
I plan to purchase a resale timeshare and want to save money by preparing the new deed myself. How complicated it this? Has this already been discussed on TUG in an old thread?

Thanks for your educated advice.

And if you have a deed from another one, you may be able to do it. But be aware that you are running a risk that some of the court offices (for whatever reason) will run you around in circles until you give up and hire it out.

Not a timeshare, but a "ground rent" - it took me three times to get it registered.
 

Aldo

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The seller is responsible for the terms and conditions, and above all, warranteeing the deed. Therefore, they are responsible for preparing one.
 

scottmindib

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Hello,

You can go to this website

http://www.findlegalforms.com/xcart/customer/home.php?cat=725
and click on your state and download a warranty deed for your state for $5.95 and then fill in the parties information and a description in detail of the unit. You then notarize it with your signatures and send it to the county where the property is to be recorded. When you get it back you can fax it into the management company and they will change the ownership. It is the easiest thig in the world to do. I have doen it with several properties and you can close then in about 1/3 the time over using a closing company. You can also call the county that the property is located in and ask if there is any other paperwork (forms) to send in with it and how much money to send for the recording. I will try to never use a closing compnay again. They are ultra slow and are not worth the money. If you have two parties that agree on terms and trust one another you can close it with almost no money and very quickly. I would rather do it myself anyways because you are just 1 of hundreds that a closing company is trying to close at the same time. No one can give your closing the attention that you can, it just takes a little effort on your part. Good Luck,\

Scott Billings
 

gidat1

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don't be afraid...

I do not know why it is such a big deal to do your own paper work.

Easiest way to do this is to get the sellers deed. (This are recorded in County Clerks office or Recorders office of the county where the TS is located. If the deed is pretty simple you will have to change grantor and grantees names and the date of the deed. Make sure that you copy from word to word. The seller has to sign the deed in front of Notary Public with two witnesses. Once you are in possession of this document call the recorders office and ask them how can you record this deed and how much to send. In addition you will need to fill out (here in FL DR-219) form to record the deed. Once the deed is recorded send a copy to your resort Mgmt office with the transfer fee. You are in business.

I am not a lawyer but have done my closings better than most title companies.
Good luck to you.

Phil
 

Pat H

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The most important thing you need to do is call the County Registrar of Deeds(or whatever they call it in that county) and ask if they have any special requirements. If not, you can just copy the seller's deed and change the appropriate items. You will them have to send the new deed to the seller for their signstures and notarization. I have done my own deeds on 4 timeshares-2 as the buyer and 2 as the seller. It's very easy and I have never had a problem. I'm assuming you have done your due diligence?
 

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Thanks to everyone for the invaluable advice. I have done due diligence and want to move forward with the deed preparation. Your help and support gives me the determination. Like you, I hate to pay someone else to do what I can do for myself.

My only concern is how to handle the "exact" wording. The seller bought directly from a management company so it's not just a person to person warranty deed. By simply making the seller the "grantor" and me the "grantee", will that be good enough? I think I can copy the unit description and attach it. The county clerk didn't seem too particular, but Fairfield, the management company for the resort, did. If they don't like the wording, they reserve the right to reject the deed.
 

PA-

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As Jimster points out, there are indeed risks involved. Most people, on inexpensive resale timeshares (less than $5000) are more than willing to accept the risks in return for saving the few hundred dollars. However, just be aware of the risks when you decide.

It's not that you can't copy the seller's deed and record it. That's simple. The risks are that:

1) You don't know for sure that he hasn't banked future usage. The title company will verify that. With some timeshares, they'll sell you an estoppel, where they'll verify all that sort of info. With others, they will only do that with a title company.

2) You don't know that the seller's deed was properly executed, so merely copying it may not be good enough.

3) One very common flaw in many timeshare conveyances regards death of an owner, or divorce situations. So many people believe that if the spouse dies, all that's needed is the remaining spouse to sign the deed; WRONG! Depending on the county, there are always additional requirements. Somehow, either through probate, affidavit, or some other way, you have to record proof that not only did a co-owner die, but also that their share of the property reverted to the survivor. Divorce situations are even worse. If a conveyance from one of the spouses to the other after a divorce is not executed properly, then that ex-spouse is still a partial owner, even after the other spouse transfers the party to you. So they could theoritically show up to use the property, even if you are paying the fees. And you will always be on the hook for the fees, even if you're just a half owner. And that ex-spouse could be buried 2 or 3 owners ago.

3) It's possible that your seller did everything correctly, but somewhere back in the chain someone didn't. Of course, that's not important except in 2 instances; first, if one of the previous owners comes back and tries to claim it (very unlikely) or if someone in the future wants to get title insurance when they buy it from you (unlikely in the case of a cheap timeshare).

Bottom line: If you suspect that getting title insurance will ever be required for you to sell it, or if losing the timeshare would be a devasting loss, carefully consider it. At the very least, do a title search yourself, just to check for glaring deficiencies. The most common deficiency you can find yourself is to make sure that if 2 people signed the deed to buy it, that the same exact 2 people signed it to sell it. This flaw occurs a lot more than you might think, and it isn't the responsibility of the county recorder or the timeshare management company to spot it. You can search the title chain in the county clerk's office, or sometimes on the internet.
 

Corky

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Whew!!! Thanks, PA for the risk information. In fact, two people are on the original deed, and I've only been in contact with one of them. Never thought to inquire if both agree to the sale. Missed that due diligence part.

Because of your advice, I'll follow up on your concerns before agreeing to the purchase and before sending any money.

Greatly appreciate all the input. Thanks again.
 

T_R_Oglodyte

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Corky said:
Whew!!! Thanks, PA for the risk information. In fact, two people are on the original deed, and I've only been in contact with one of them. Never thought to inquire if both agree to the sale. Missed that due diligence part.

Because of your advice, I'll follow up on your concerns before agreeing to the purchase and before sending any money.

Greatly appreciate all the input. Thanks again.
I've done deed preparation myself. It's not difficult, but there are pitfalls.

From what you've posted above, you shouldn't do it. Clearing all names on a deed is a fundmental concept. If you were not aware that you needed to do that, then you don't know enough about what is involved in deed preparation and property closure to be attempting it yourself.

How fundamental is that concept in property transnfer? It would be like deciding to drive a car without knowing how to use a brake pedal.
 

Corky

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Hi Steve,

Didn't mean to give the impression that I didn't know enough to change the names on the deed. That's basic.

What I didn't do was confirm that both parties were alive, still married and available to sign the deed. I just assumed that was the case. Now that I've confirmed the information, I'm ready to move ahead.

Thanks for your concern.

Corky
 

T_R_Oglodyte

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Corky said:
Hi Steve,

Didn't mean to give the impression that I didn't know enough to change the names on the deed. That's basic.

What I didn't do was confirm that both parties were alive, still married and available to sign the deed. I just assumed that was the case. Now that I've confirmed the information, I'm ready to move ahead.

Thanks for your concern.

Corky
And I wasn't referring to changing the names on the deed. What I was referring to was ensuring that every name on the title was cleared.

Your post indicated that you weren't aware that every name needed to be cleared (cleared, not changed). If you weren't aware of that, then you should reconsider doing it yourself. Or, if you weren't fully clear of what "clearing" means, then you shouldn't take it on.
 

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I agree with Steve and PA- but what I don't still understand is how this saves you a cent. It is the seller's responsiblity to prepare the deed. Can you explain that to us? If it is the seller asking you to do this then he's an idiot. He may not know it, but he has a vested interest in having it done right too.
 
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Corky

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Yes, the seller did ask me to handle preparation of the new deed. I read TUG advice section, spoke to the county clerk's office, and the resort's management company, and was prepared to move ahead based on their suggestions. None of them made it sound complicated - change names of grantor & grantee, copy property description word for word, get it signed and notarized, then file and pay for recording.
 

Jimster

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Deed

I had a long involved answer prepared for you, but I decided to shorten it to this. It's obvious that despite what PA- and I have said, you don't appreciate the risks involved. You have gotten encouragement from others who are similarily situated and possibly equally oblivious to the risks. I would posit that everything is simple as long as no problems develop. Sailing a ship is simple- as long as there is no storm. So the best I can say is good luck!

BTW Do you think the Seller would notice if you added his home onto the legal description of the property to be conveyed? LOL How about making the transfer subject to taxes paid only in the year 2022 and thereafter?
 
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Corky

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Jimster,

I'm not dismissing the risks mentioned by you and PA, and I'm rethinking the whole do it yourself deed preparation idea. That's why I posted, looking for advice. TUGGERS are almost always better informed.

At this point, I'll talk with the seller and suggest going through one of the companies approved by TUGGERS. I'll see if those companies are willing to make the changes to the deed that you suggested :)

Thanks to all for your honesty.
 

Pat H

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Corky, don't you have a copy of the sellers' deed? You should copy that word for word changing the names, sales price and the book and page. I should add that all of the timeshares I did my own deeds on involved $2500 or less.
 

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I didn't intend to say you should pay someone to do it for you, Corky. I was just agreeing with Jim that there are risks involved.

However, there are more cases than not where I will do it myself. But I'll darn sure check the entire title chain, as well as any liens (deed of trust) to make sure everything was paid off and the release recorded.
 

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Wait

Corky- the BTW in my message was a joke. You don't want to add those. Sorry for any misunderstanding.
 

Corky

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Jimster,

The icon on my reply to you had a wink because I knew your BTW was in jest.

Again, thanks to everyone for the education. While I'd like to try preparing the deed myself myself, and I do have a copy of the original deed, I don't want to risk messing up the transaction.
 

Harry

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I couldn't resist a reply

Corky: Like you, I like to save money and always process deeds whether I am the buyer or seller. In fact, just today I re-wrote a deed processed by a Florida escrow company. However, like Jimster, I have seen too many good faith parties get tied up in knots because of unforseen problems. So, my advise on these threads has always been be very careful. And, that answers the second part of your question, which is "yes." It has been discussed many times here. With the information you obtained from Jimster, Pa and Steve you should by now be able to make an informed decision as to whether what you save is worth the risk.
 

Corky

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Thank you, Harry. There's a lot to think about since there's a lot at stake. At some point I do want to begin preparing my own deeds. Not sure this is the time, as I need to educate myself a bit more before taking the plunge.
 

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Do it yourself Corky !!!

Corky,

I have read alot of the information on the thread here and I think that you just need to ask questions of the seller ( did they originally buy from the resort, another party) and ask for a copy of their deed for your future records. Here is the one thing that everyone is missing. The resort will not let you transfer a deed that has liens or mortgage balances on it. So you can call the resort or management compnay and ask if they owe any back fees or balances. Also, I have talked to several closing companies and they state that most of the time on a purchase made for a couple of thousand dollars it is not worth a title check on the property. You end up paying $600-770 for closing the property then. It takes months to close most properties and you stilll get variances in procedures between closing companies. You can call the county directly (recorders office ) and find exactly what you need to fill out and send the warrany deed in for recording. Then send it to the resort for a change in ownership. Simple as pie! When you are dealing with a $300,000 home get title insurance and be safe. When you are dealing with a $3000 purchase on a timeshare it is not worth the money. Even if you use a closing company they DO NOT CHECK A CLEAR TITLE unless you pay the extra several hundred dollars to do so. So you closing costs go up from $400 to $650 when you include the title insurance. Do your homework with the resort and the owner and it is a simple procedure. Would you buy title insurance on a car resale from an owner becasue you were afraid another owner might come back for the older car and claim it? NO !!! If it is a purchase for a couple thousand dollars there is no need to do it because the risk is not high. If it is $30000 for the unit you might want to do it then. Just do it on your own and close it quicker and way cheaper. Not everyone in America is out to get you like they make it sound. Good Luck

Scott
 
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