The only way to change a recorded deed is to have a new deed prepared and recorded in the Clerk’s Land Records Office. The deed on record cannot be changed. Once a document is recorded, it cannot be changed. The Clerk’s Land Records Office does not prepare deeds, advise on what type of deed fits your needs or have any deed forms. It is recommended that you seek legal advice in this very important matter and protect the biggest investment of your life, even if it is a family related change to your document.
The Clerk’s Land Records Office will accept a deed that a non-attorney prepares, but the Office only checks to see that it is signed and notarized. The Office does not check for any other important legalities.
This can only be accomplished by recording a new deed showing the change. A transaction must take place between the old owners and the new owners. Many people think they just come to the office and change the present deed on record. However, once a document is recorded, it cannot be changed. A new deed can be prepared by an attorney.
Generally no, if the property was held jointly by husband and wife as tenants by entireties. If and when the survivor sells or mortgages the property, he or she simply explains in the new deed or mortgage that the other spouse is deceased. There could be special circumstances such as when title is held as tenants in common that would require different handling. An attorney should be consulted.
It's not legally required, but again consult your Attorney. Each individual's situation may differ.
Yes. However, there is NO tax exemption code that applies. Taxes will be based on the consideration or value of the property. If a grantor can prove to the clerk by providing a chain of documents that the grantor does not have claim to any interest in the property, then no taxes would be collected.
What happens when I pay off my mortgage? When a mortgage is paid off, you should receive a Certificate of Satisfaction from your lender after it has been recorded in the Clerk’s Office. You will not receive any document from the Clerk’s Office. The recorded Certificate of Satisfaction is the only document that you need to prove that your loan is paid off.
You can obtain a copy of your Deed, Certificate of Satisfaction or any other recorded document at the Records, Research and Copies Center, Room 305, for a fee of 50 cents per page and $2 for certification, if needed. A deed is usually one to three pages and a Certificate of Satisfaction is usually one page.
Yes. Anyone can visit the Clerk's Office and look at any deed or mortgage.
The Clerk's Office and the County and Cities do NOT have individual house location surveys. There is no legal requirement that a house location survey be recorded with a deed. Usually, owners are given the house location survey at settlement. If you need a copy of the survey for an addition, deck, fencing, shed, driveway, etc., you may try to contact the surveyor who originally surveyed the subdivision, your settlement agent, attorney or lenders if they have one available. If you cannot locate one, you may need to have your property re-surveyed.
This could be difficult since deed restrictions do not have to be spelled out in each new deed. A restriction could be in a deed ten owners back and still be in effect. Most attorneys do complete searches before granting title insurance. These restrictions will be reported. You can retain their professional services for your questions. Our staff will help assist you the procedure to look at prior deeds, but we cannot do searches.
What happens if the recording fee is not the correct amount?If the check for recording is short of the recording fee, the recording is rejected until additional funds are provided. If the check for recording is in excess of the recording fee up to $25.00, the recording will be made, but no refund will be issued. If the check for recording is in excess of the recording fee over $25.00, the recording is rejected.
The Prince William Circuit Court Clerk’s Office follows the Library of Virginia’s Standards for Recorded Instruments and Standards for Plats, 17VAC15-61-30 and 17VAC15-61-20. The Circuit Court Clerk's Office policy states that it will not knowingly record any document containing a social security number in accordance with the provisions of Virginia Code § 17.1-227.
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