QUESTION

Purchasing from a family member title transfer?

Asked on Apr 09th, 2015 on Real Estate - California
More details to this question:
My grandmother owned her house, she passed the estate(her children own it) if someone with the family wanted to purchase it how would we do that? Could we do just a title transfer or does it have to be sold through a Realtor? if it can be transfered do you have to qualify for a different loan, rather then a morgage loan?
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1 ANSWER

Real Estate Attorney serving Oakland, CA at Sack Rosendin LLP
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No, you do not need a broker. Brokers charge 5%-6% of the purchase price, but most of that is for marketing, staging, and the risk they take that the sale might not be completed. The brokers don't get paid unless the sale is completed. They get paid at the close of escrow. In your situation, there will be no marketing or staging, and no risk of the deal falling through. In California, the lien on real property which secures a loan is created by a deed of trust, not a mortgage. Such loans almost always include a due-on-sale clause, which says that the lender can declare the loan to be due in full when there is a transfer, but I have never heard of a lender doing so for an inter-famiy transfer. Loan rates have never been lower. You might want to think about a new loan in order to lock-in a lower rate, if your grandmother's loan has a higher rate. in order to accomplish the transfer, you will need a grant deed all the persons who currently are shown as owners on the official county real estate records. Each will need to sign the deed in front of a notary public and have their signatures notarized. They will need to fill out and sign a Transfer Disclosure Statement and disclose any other defects in the property which any of them know about. Someone will need to purchase a hazard disclosure report. There will be the fee to the notary, the recording fee, a county transfer tax, and the fee for the hazard disclosure report (which is $99). The county transfer tax is $1.10 per thousand dollars of value. Some cities also have their own transfer taxes. I have seen them as high as $14.00 per thousand dollars of value. I would recommend buying title insurance. It will probably cost about $1000.00, but it's a bargain. It's the only way to know for sure that you have obtained all the signatures you need on the grant deed, and that you know all the liens and claims against the property. I have heard of people buying just a title report for  $200-$300, but if there are any mistakes, the title company has no liability for mistakes unless you pay for the title insurance policy. It provides coverage for as long as the buyer owns the property. Mine is still in effect after over 30 years. Before going to al the time, effort and expense of applying for a new loan and everything else described above, I recommend that you get all of the current owners to sign an agreement to sell you the property. I can do that and everything described for less than $5000.00 plus the fees listed above. If you appreciate this free advice, please remember to refer me to any friends or acquaintances who need a lawyer. Referrals are still our best source of new business. Dana Sack  
Answered on Apr 09th, 2015 at 2:33 PM

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