What is a Real Estate Deed?
A real estate deed is a legal document that transfers ownership of real property from one person (the grantor) to another (the grantee). It's a crucial component of property transactions, ensuring clear title and protecting the rights of both the buyer and seller.
Why is Recording Important?
Recording a deed in Wisconsin is essential for several reasons:
- Public Notice: Recording makes the transfer of ownership public record. This provides constructive notice to the world, meaning anyone can access the records to determine who owns a property.
- Protecting Your Interests: By recording your deed, you establish your ownership rights and protect your investment. It helps prevent fraudulent claims and disputes.
- Facilitating Future Transactions: A recorded deed simplifies future property transactions, such as selling or refinancing. Lenders often require a clear title history, which is verified through recorded deeds.
The Recording Process in Wisconsin
- Prepare the Deed: Ensure the deed is properly executed, signed by the grantor, and notarized. It should include accurate legal descriptions of the property.
- Complete the Real Estate Transfer Return (RETR): This form provides information about the transaction, including the names of the parties, the property's legal description, and the purchase price.
- Pay Recording Fees: There are fees associated with recording a deed, which vary by county.
- Submit Documents to the Register of Deeds: Deliver the original deed, the completed RETR, and the required fees to the Register of Deeds office in the county where the property is located.
Electronic Recording in Wisconsin
Many Wisconsin counties now offer electronic recording, which streamlines the process and often reduces processing time. To utilize this option, you may need to work with a title company or attorney who can submit documents electronically.
Important Considerations
- Timing: While there's no strict deadline for recording a deed, it's generally advisable to do so promptly after the property transfer to protect your interests.
- Title Search: Before purchasing property, it's crucial to conduct a title search to ensure there are no outstanding claims or liens against the property.
- Consult with a Professional: If you have questions about the recording process or real estate law in Wisconsin, consider consulting with an attorney or a title company.
By understanding the process of recording real estate deeds in Wisconsin, you can protect your property rights and ensure a smooth transaction.
Attorney Nathan DeLadurantey offers free consultations to explain your legal rights in Wisconsin. Free consultations can be scheduled online.
