LDAs are not lawyers and do not offer legal advice, discuss legal strategies, answer questions of a legal nature, select forms for the consumer, or appear in court on the consumer’s behalf.
Property Transfer Questionnaire
Please fill in all required fields and any sections that you think are applicable. Some sections will not apply and you can leave those blank. Fill this document out from the perspective of the property owner. You can put your contact information and email if you are their representative.
CRITICAL NOTE: Items with * are required to submit this form. This first section is mandatory. Below "Subject property address" scroll to the section that applies.
If you need a Trust Portfolio, Power of Attorney or Note and Deed of Trust Please Use the links below
Subject Property Address
Only Fill Out Fields That Apply Below This Notice
General Title Update
CRITICAL NOTE: Depending on the location of your property and mortgage balance there may be transfer tax collected
Use this section if you need to add or remove someone from title who is not a parent, child or spouse. If you are needing a NAME CHANGE you will fill out this section. If you are not getting a name change there will likely be transfer tax and property reassessment. Call the county assessors office in the county your property is located to get specifics regarding reassessment.
Below is a link to the vesting chart which outlines joint tenancy, community property, tenants in common and other holding styles which has bearing on how property is distributed, taxed, requirements to manage and other information.
Parent to Child Transfers
CRITICAL NOTE: The only way to qualify for reassessment exclusion is that the parent and child are both living in the property.
Parent to child transfers may be eligible for Claim for Reassessment Exclusion For a Transfer Between Parent and Child. Both parent and child need to occupy the property as primary residence for eligibility. There still may be reassessment depending on the value of the property. You should contact the assessors office in the county your property is located to get more information on reassessment for your specific circumstances.
Interspousal Transfer
Interspousal Transfers, both adding a spouse and removing a former spouse, will not incur reassessment of the property tax, nor will there be transfer tax. Notifying the lender of intent to update title is RECOMMENDED.
Trust Transfers
Trust Transfers almost always incur no reassessment of the property taxes. Please be sure to include the date of your trust. We do not need to see a copy of your trust and you do not need to bring it at signing. We electronically record Trust Transfers and they are often processed the next business day.
LLC and Corporation Transfers
CRITICAL NOTE: The lender should be notified of the transfer into your LLC.
In order to process your LLC or Corporation transfer we require submission of the operating agreement or the article of incorporation. Submit the necessary documents in the upload portal in this section. LLC Transfers have a $100 county recording fee. These transfers can take weeks to be processed by the county.
Affidavit of Death
In order to process your LLC or Corporation transfer we require submission of the operating agreement or the article of incorporation. Submit the necessary documents in the upload portal in this section. 40 days needs to have passed before and Affidavit of Death can be signed and recorded. The death certificate is required for the Affidavit of Death preparation. If the death certificate is in a different language there will be additional translation fees.
Acknowledgement and Authorization
CRITICAL NOTE: Consult with the county assessors office about possible reassessment.
You are hereby instructed to prepare my documents as instructed by me. You are to make NO EXAMINATION OF ANY RECORDS. You are expressly RELIEVED OF ANY LIABILITY for the condition of title to the property and for the validity or sufficiency of my instructions. This waiver applies to all documents that accompany the documents to be recorded, including but not limited to the Preliminary Change of Ownership form and Claim for Reassessment Exclusion forms(s).
I understand that the Legal Document Assistant preparing my documents is NOT an attorney, cannot select forms and DOES NOT give legal advice. I hereby direct the Legal Document Assistant to type and perform certain services as outlined in the Contract for Services which we each executed regarding this matter. I further declare that the foregoing information which I have provided is, to the best of my knowledge, true and correct.
CRITICAL NOTE: If you click submit and nothing happens there are required fields that have not been completed yet. Please scroll up and complete them and then try again.