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UT Real Estate: Transfer of Title, Deeds, Closing, and Settlement

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Transfer of Title, Deeds, Closing, and Settlement

Deeds and transfer

Title passes voluntarily by deed or involuntarily by foreclosure, tax sale, adverse possession, eminent domain, bankruptcy, or escheat. A valid deed requires a competent grantor, an identifiable grantee, words of conveyance, a legal description, the grantor's signature, and delivery plus acceptance. Delivery is a matter of intent; a deed left in a desk drawer has not been delivered. Consideration is not essential to validity, though it matters for recording and transfer tax.

Deed warranties: general warranty (the six covenants of seisin, right to convey, against encumbrances, quiet enjoyment, warranty, and further assurances), special warranty (only the grantor's own acts), bargain and sale (implies consideration), and quitclaim (no warranties at all; conveys only whatever interest the grantor may have).

Recording and title evidence

Recording gives constructive notice. Utah is a race-notice state: a later buyer prevails only if it records first and took without notice of the prior interest. Title evidence includes the abstract of title, title commitment and policy, and a survey. Owner's and lender's policies are separate; the lender's policy protects only the loan balance.

Closing

Settlement involves prorating taxes, rent, and interest (debit the seller, credit the buyer for prepaid items), paying off liens, and disbursing funds, with charges itemized on the Closing Disclosure.

Traps: a quitclaim deed is still a valid transfer; a warranty deed does not guarantee the property is lien-free forever; adverse possession in Utah generally requires about seven years of open, hostile possession with color of title and payment of taxes.

Worked example: annual taxes are $3,650 and the seller owns through June 30 (181 days). The unused 184 days divided by 365 times $3,650 is about $1,840, a credit to the buyer and a debit to the seller.