[VA] How do I make sure the deed clearly reflects that the LLC (not me personally) is taking title?
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To ensure the deed reflects that the LLC is taking title:
- List the full legal name of the LLC in the grantee section, not your personal name.
- Example: "(COMPANY NAME) LLC, a Virginia limited liability company".
- You can include your role as "by (YOUR NAME), Member" but make it clear you are acting on behalf of the LLC.
- Use language such as "To have and to hold unto (COMPANY NAME) LLC" to affirm that the LLC holds the title.
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Hi, does my deed look good to submit to Charlottesville?
I still need to add a title insurance underwriter.
I understand you're looking to submit your deed to Charlottesville.
Have you already reviewed the deed for accuracy and completeness?
I filled it out using eForms, so I think it should be good.
If you or another lawyer could look it over to confirm, that would be great.
Have you identified a title insurance underwriter you plan to work with for this process?
Not yet.
Is there anything else the Real Estate Lawyer should know before I connect you?
Rest assured they'll be able to help with your deed submission.
I also want to make sure that when I put "(NAME), Member of (NAME) LLC" as the grantee, it still fully and legally protects me.
Greetings!
My name is Angelo, and I'm an experienced attorney with over 40+ years of practice.
I’m here to assist you with your situation.
Here's some guidance on your deed submission:
1. Clarity on Grantee Designation:
- The wording you have used should be fine, as long as it accurately reflects your intention and the legal structure of the LLC.
- By designating yourself as a member of the LLC, you are representing the LLC in the transaction, which is generally acceptable.
- It’s important to ensure that the deed clearly reflects that it’s the LLC (not you as an individual) that is taking title.
- The title should indicate "(NAME) LLC, a Virginia limited liability company" as the grantee.
- You can add language like "by (NAME), Member" to indicate your role, but it must be clear that the LLC is the legal entity holding title.
- Include phrases like "To have and to hold unto (NAME) LLC" to confirm that the LLC holds the title, not you personally.
2. Title Insurance Underwriter:
- You will need to work with a licensed title company or underwriter in Virginia.
- Title insurance is crucial as it protects you and any future property owners from financial loss due to defects in the title that may not have been discovered during the title search.
- Find a reputable underwriter or title company familiar with Charlottesville requirements.
3. Additional Tips:
- Have the deed reviewed by a local real estate attorney in Charlottesville to ensure it is accurate and the LLC’s involvement is properly documented.
- Confirm any additional requirements specific to Virginia for deed submissions to ensure compliance with local laws. (§ 55.1-600)
How do I make sure the deed clearly reflects that the LLC (not me personally) is taking title?
To ensure the deed reflects that the LLC is taking title:
- List the full legal name of the LLC in the grantee section, not your personal name.
- Example: "(COMPANY NAME) LLC, a Virginia limited liability company".
- You can include your role as "by (YOUR NAME), Member" but make it clear you are acting on behalf of the LLC.
- Use language such as "To have and to hold unto (COMPANY NAME) LLC" to affirm that the LLC holds the title.
Thank you for the help!
