Perhaps you don’t know what a deed is. Illinois counties have offices for the specific recordation of deeds. Example. Why do you think they exist if there were no such things as deeds?
those deeds are the deeds that transfer person A’s interest in the real estate to person B.
you can’t go and use this deed for person B to transfer it to person C.
the “deed office” is just a place where all contracts (edit: to documents) pertaining to the transfer of land interests are stored. there’s no “deed” in the sense of a document that shows proper, irrefutable ownership of a parcel of land (like there is for a car title), i.e. there is no torrens title in Illinois.
edit: why do you think that title insurance exists?
He set up his own internet poker site.
Yes, a deed is necessary to transfer Blackacre from A to B. It’s what it says in the deed. The deed has to describe the property and list the grantor and the grantee and the consideration paid and must be signed by at least the grantor. Then B records the deed at the deeds office. The deed shows that the property has been transferred from A to B; the registration of the deed shows the world that the property has been transferred from A to B.
If B transfers ownership to C, a new deed is necessary for the transfer. And yes, the deed does show ownership. For the transfer of real property, a title search is recommended and a smart idea, but it’s not required, particularly if you trust the grantor. Title insurance protects against mistakes in the title search and undiscovered title problems, and unless a policy is purchased specifically protecting the purchaser, it generally just protects the mortgagee. Title insurance is also not required, but usually a really good idea.
All of the above is dependent, of course, on the laws in each individual state. But yes, deeds exist and they show the putative ownership of real property as the grantee.
no. they show the putative interest in a specific parcel of real estate transferred to the grantee.
I will quitclaim deed you the sears tower right here and now for 10 bucks*. apart from the illegality of it stemming from fraud, the cook county recorder will take that deed and not think twice about it - they don’t act as a clearinghouse to verify and validate the transfer. there is no single document in any recorders office that clarifies that a grantor who deeded property had sufficient title over that property necessary to transfer an interest to a grantee.
you, as most everyone else in this thread, is confusing a “deed” to mean a document ascertaining definite title in a piece of land - in effect making the mistake that the “deed” is a document of true title. it is simply wrong. the deed is merely the instrument used to transfer an interest in real property.
*this isn’t an actual offer, by the way.
What exactly are we discussing here? A deed transfers title to real estate.
title
n. 1) **ownership **of real property or personal property, which stands against the right of anyone else to claim the property. In real property, title is evidenced by a deed, judgment of distribution from an estate or other appropriate document recorded in the public records of the county. Cite (emphasis added).
deed
A document that transfers **ownership **of real estate and is recorded in the local public land records. Cite.
**Title **…
7. Law
a. The coincidence of all the elements that constitute the fullest legal right to control and dispose of property or a claim.
b. The aggregate evidence that gives rise to a legal right of possession or control.
c. The instrument, such as a deed, that constitutes this evidence. Cite(emphasis added).
Deed
- n. The document that transfers ownership / title, or transfers and interest in real property to another person. Cite (emphasis added).
So, yes, a deed shows the putative interest in real estate to the grantee, which in the case we are discussing, is ownership. If you want to find out who owns a particular piece of property, you go to the deeds office and look up the title, which is evidenced by the deeds registered. And yes, there is an actual piece of paper that can say “Deed” or “Title” at the top.
A quit claim deed just says, whatever interest you have in this property, you grant to me. A quit claim deed does not say that you actually own any interest in said property. Anyone who would purchase property as in your example via only a quit claim deed is not very smart. But it has its uses and is certainly not the only kind of deed.
A deed does show putative ownership, which is an interest in the property. It can also show other interests, like a life estate. The fact that said ownership/interest can be in dispute is what keeps a lot of lawyers in business. Anyone can gin up a deed, just like they can a car title. If there is a dispute, a party brings an action to quiet title which determines the ownership (or whatever interest is being argued). The deeds will be taken into consideration, as will the registration of said deeds.