Christopher Musial, Esq. 

38 N. Main St. Weaverville, NC 28787

(P): (828) 645-4215; (F): (828) 645-4216; (E): cmusial@musiallawpllc.com 

DEED PREPARATION ENGAGEMENT LETTER

Dear Client,

 

Thank you for choosing our office to assist you in preparing a deed. Before our office can prepare a deed for you, this letter must be signed and returned to us. Important information regarding deed preparation is below. 

FEE

Our fee for deed preparation is $200, plus whatever recording fees and / or excise tax fees may be charged by the Register of Deeds. Please note that this fee may change based on the complexity of the deed or circumstances surrounding the deed.

INFORMATION NEEDED

If no title examination is performed, our office will prepare a deed based on information you provide to us. Therefore, it is important that you provide us accurate information of what is being conveyed. A street address or parcel identification number are helpful pieces of information but may not definitively describe the subject property. A Deed Book and Page and / or Plat Book and Page reference are also helpful, but not definitive; for example, if the subject property previously had a portion conveyed out, the Deed in which the whole of the subject property was received would not reflect that out conveyance. UNLESS A TITLE SEARCH IS PERFORMED, OUR OFFICE WILL NOT PROVIDE AN OPINION ON TITLE.

Please provide any information you may have concerning the property below:

arrow&v
arrow&v
arrow&v
arrow&v
arrow&v
arrow&v
arrow&v

TAX DEFERMENT / EXEMPTION INFORMATION

 

If the subject property currently qualifies for a tax deferment or exemption, transferring title may disqualify the property from such deferment or exemption. Continuing deferment or exemption status, if possible, requires additional work and result in an additional fee being charged.

 

TRUST INFORMATION

 

If the subject property is coming out of a trust, the trustee should confirm that they have the power to transfer title without joinder of any other individuals and that they are not violating the terms of the trust in so doing. Our office will prepare a document known as a Certification of Trust to be put on record at the time the deed is recorded reflecting the trustee’s ability to convey title. There is an additional charge for the preparation of this document. 

SUBDIVISION INFORMATION

 

Confirm with the County planning department that the property can be subdivided prior to requesting the preparation of a deed. A survey is recommended for any subdivision of property. If a survey is performed, the surveyor should be instructed to record the survey as a plat at the county Register of Deeds office. 

 

The subdivision of property may require the creation of easements, restrictions, rights-of-way, or other matters. There will be an additional charge if this is the case. 

 

SPOUSAL INFORMATION

 

In North Carolina, a spouse is generally a necessary signor to a deed regardless of whether they are named as an owner or not. Our office will require that a spouse sign a deed unless we are presented with evidence satisfactory to us that the spouse’s signature is not required (an example would be a recorded Free Trader Agreement, provided our office determines such Agreement is sufficient). 

 

JUDGMENTS, LIENS, AND ENCUMBRANCES

 

If our office does not perform a title examination we will make no representation as to the existence of judgments, liens, or encumbrances which may currently exist or attach to the subject property. You will take title to property subject to such matters, if any. If you are purchasing the subject property, you should strongly consider having a title examination performed. Title examinations typically cost between $150 - $300 and can provide you with information regarding such matters.

 

Be aware that if you have any judgments against you, such judgments may attach to the subject property. Notify our office if there are any monetary judgments against you as soon as possible. You may be able to take title to the property in a way that would not attach a lien against it. 

 

MEDICAID / ESTATE PLANNING DEEDS

 

If you are preparing a deed for Medicaid or Estate Planning purposes, STOP. Our office cannot provide any advice on these matters. Such planning techniques are complex and require the assistance of an Elder Law attorney. Elder Law is a specialized field of law designed to assist clients with such matters. YOU MAY DAMAGE YOUR ABILITY TO COMPLETE YOUR ESTATE OBJECTIVES BY TRANSFERRING TITLE WITHOUT ASSISTANCE FROM QUALIFIED COUNSEL. 


 

NO TITLE EXAMINATION PERFORMED / NO OPINION RENDERED

 

As stated above, our office will not render an opinion on title in the absence of an examination. This means that we cannot guarantee that the owner has a 100% ownership interest in the property, we cannot certify that the property is free from defects, liens, or encumbrances, and we cannot provide any other information that a title search would otherwise reveal. The deed will state at the top that no title examination was performed by the preparer. 

 

CONTACT INFORMATION AND SIGNATURE PAGE 

I HAVE READ THIS LETTER AND ACCEPT ITS TERMS: