Reply by John_NorCal on 7/29/05 10:59am
Msg #55621
"Usually one person will sign as both the grantor and grantee.
example. Joe Jones is adding his wife to the deed. There will be a space for him to sign as grantor and he and his wife will sign as grantee."
Not completely accurate. How about a situation where a person quit claims to their spouse, or another, in order to remove themselves from title? Not the same as in your example.
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Reply by PAW_Fl on 7/29/05 10:17pm
Msg #55818
>>> There will be a space for him to sign as grantor and he and his wife will sign as grantee. <<<
Typically, only the GRANTOR signs a deed. Grantees are the recipients of the "grant" and usually do not need to sign.
This is a problem with title transfers that causes name identification problems later. For example, John Public and Mary Public buy some property. Jimmy Sellers currently owns the property and completes the Warranty Deed granting the property to "John Public Jr. and Mary S. Public", as the grantees. The document is recorded transferring title as stated in the deed.
Three years later, the Publics decide to refinance (or worse, sell their property). So the notary goes to ID them as "John Public Jr." and "Mary S. Public", but John doesn't have any ID that shows he is a Jr. and Mary hasn't used her maiden name (or initial) in a million years. Now what?
This ID problem could be diminished by at least positively IDing the grantee as well as the grantor on the deeds. It wouldn't be necessary for the grantee to sign the deed. One title company that I work with frequently, insists on have the buyers (grantee) initial the Warranty Deed next the their names, after we ID them, so the names match their ID. If the names don't match, the deed is redrawn, resigned by the grantor, notarized and again the grantees must initial. Probably will save them a lot of headache down the road.
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