Deeds: Requirements, types, and related considerations for beginners and veterans

Jason C. Bergman | Benchmark Title Agency LLC.

Jason C. Bergman, CRE®, is Vice President and Senior Underwriting Counsel at Benchmark Title Agency, LLC in White Plains, New York. He has extensive experience in assessing and mitigating risk in complex transactions and ambiguous situations, and is recognized as an industry leader in insuring foreclosures and distressed assets.

Among his professional activities, Jason is a three-term Chair of the New York State Land Title Association’s Law Committee, Vice-Chair of the American Bar Association Real Estate, Condemnation, and Trust Litigation Committee’s Title Insurance subcommittee for six years, and Co-Chair of its Mortgage and Foreclosure Subcommittee. He also sits on the Editorial Board for the CRE® publication, The Counselor Quarterly Journal, and writes regularly on compelling title, real estate law and practice subjects for multiple publications, including the New York Law Journal.

He is also a Board Member of Seton Hall University’s Stillman School of Business Customer Experience Program, and was a Board Member of Rutgers’ Center for Innovation Education, Professional Science Master’s Degree, Customer Experience Certificate Program.

Jason is a recipient of the CRE® credential from The Counselors of Real Estate, an international consortium of credentialed real estate practitioners who provide expert advice on complex real property and land-related matters. Membership is extended by invitation and includes principals of prominent real estate, financial, legal, and accounting firms, as well as developers, economists, futurists, and ranking leaders of Wall Street and academia.

Jason was named a Fellow in the American College of Mortgage Attorneys (ACMA) and will be inducted into the College at its Annual Meeting in La Jolla, California on September 29, 2023.

He received a B.A. in History/Government from Muhlenberg College, and a J.D. from New York Law School.

I. What is a Deed? | 1:00pm – 1:05pm

II. The Minimum Requirements to Create a Valid Deed | 1:05pm – 1:15pm

• Dates
• Parties
  • Grantor & Grantee
  • Life Tenants
  • Executor
  • Trustee
  • Referee
• Consideration
• Intent
• Description of Property
• Acknowledgements

III. Types of Deeds | 1:15pm – 1:35pm

• Bargain And Sale Deed with Full Covenants
• Bargain And Sale Deed Without Covenants against Grantor
• Bargain and Sale Deed with Covenant against Grantor
• Quitclaim Deed
• Executor’s Deed
• Trustee’s Deed
• Referee’s Deeds (In Foreclosure, in Partition)
• Warranty Deed
  • Deed Variations
    • Correction Deeds
    • Confirmatory Deeds

IV. Deed Provisions | 1:35pm – 1:45pm

• State/Local Requirements
• Subject To
• Covenants, Restrictions, Reservations and Easements

V. Recording the Deed | 1:45pm – 1:55pm

• Fees
• Requirements
• The Recording Act

VI. Transfer Taxes | 1:55pm – 2:00pm

• Concepts and Considerations

Break | 2:00pm – 2:10pm

VII. A Word on Dates | 2:10pm – 2:25pm

• Dated Date
• Acknowledged Date
• Recording Date
• Delivery Date

VIII. Additional Considerations and Concepts | 2:25pm – 2:40pm

• Deed as a Mortgage
• Foreign Deeds
• Bona Fide Purchaser (BFP)
• Forgery, Fraud, Void, and Voidable