I have a question about the wording in a general warranty deed. My deed says “WITNESSETH: That for and in consideration of the sum of XXXXXX, cash in hand paid, recipt of which is acknowledged, in full,”
I am selling this property using a wrap around mortgage and as such I am not being paid “cash in hand” nor is the amount being paid in full. Is it proper to use this verbage when doing a transfer of this type? or should a warranty deed with vendor’s lien be used? The property is located in Kentucky.
One of the things I personally harp on a lot is the importance of using a team. That means if you are a REI you have a real estate attorney to help you with legal questions, expecially the first time you do something. The reason is, you can get a lot of generic information but so many things are different because of local laws that one misstep out of ignorance can cost you thousands of dollars.
So many new REI are on a tight budget. I understand that. Yet, you are not a lawyer and there are a lot of tricky things going on that could apply to your situation. Often times from elements of the transaction you don’t even know enough to ask about. Spend a couple hundred dollars and either get a lawyer or escrow company to prepare the warranty deed. Don’t do it yourself. Some people do their own deeds. Some have been doing it for years and decades and know what they are doing. Others are a lawsuit waiting to happen. If you are not the first, don’t be the second.