When you are in the process of buying real estate – especially if you are a new buyer – you are going to hear a lot of unusual terms and jargon. For many people, this is an unsettling and awkward prospect. After all, it is hard enough to know what you are getting into without having to learn an entirely new language.


4 Key Differences Between a Deed and Title:

  • A deed is a legal document; a title describes a legal position of ownership.
  • A deed is a means of transferring interest; a title is a legal right to use something.
  • A deed must be captured in writing; a title is an abstract concept.
  • A deed represents a right to claim something; a title is owned by the ultimate owner.


What is a Deed?

A deed is a legal document; a written statements of property. They are the only means by which property can be legally transferred, and this transfer usually happens between two individuals: the grantor (the “original” owner of the property) and the grantee (the person buying the property and receiving ownership rights). Deeds contain the names of the grantor and the grantee, a description of the property, and the signature of the person who is transferring the property.

According to the statute of frauds, this legal document must be duly notarized and filed, and sometimes require witnesses. Without this procedure, which is done by a notary, a deed is not legally binding. The grantor must record the deed with the land records office in the county where the property is located. The office will keep a copy, while the grantor will retain the original. A qualified real estate attorney must be consulted in order to guarantee that everything about the deed is in order. Once you hold the deed, you can prove legal ownership of the property.


What is a Title?

Generally speaking, a title is how you know you own a property. Property titles are different from deeds. Rather than a physical document, a title acts as a legal concept that illustrates the chain of financial and legal responsibility for property owners. Holding the title means you own the rights to use the property, even if you only have a partial interest in it. As the titleholder, you can make changes to the structure itself and the landscape, access everything that is on the property, and otherwise make management decisions about how the land is used and who can take advantage of it.

The titleholder can transfer all or some of the interest from your property title to others. When you do this, the new owner becomes financially responsible for any existing liens on the property in relation to that interest.

As a homeowner with a valid deed, your title’s bundle of rights includes:

  • The right of control: Your ability to use the property in any lawful manner.
  • The right of disposition: Your right to permanently or temporarily transfer ownership of the property as long there are no loans, liens, or other encumbrances.
  • The right of enjoyment: Your right to enjoy the property in any lawful manner. (This is distinct from the right of control.)
  • The right of exclusion: Your right to choose who is allowed on the property.
  • The right of possession: Your legal right to claim ownership of the property.


What Happens at Citrus Heritage Escrow?

During the escrow period, our title department begins researching and examining all historical records pertaining to the subject property. Barring any unusual circumstances, a commitment for title insurance is issued, indicating a clear title or listing any items which must be cleared prior to closing. The commitment is sent to you for review.

Your escrow officer follows instructions on your contract, coordinates deadlines, and gathers all necessary paperwork. For example, written requests for payoff information (called “demands”) are sent to the Seller’s mortgage company and any other lien holders.

When choosing an escrow company there can be many important factors to evaluate. Fees, location, staff and even recommendations from friends and colleagues are all things to consider. With Citrus Heritage Escrow by your side, you can rest assured that when you receive your settlement check, you’ve gained the maximum benefit from your home sale or purchase.

Call us today with any questions or concerns. Our professional Escrow Agents will help you through this exciting yet confusing process. (951) 335-7200