Step By Step - How to Add Names to an Existing Contract (Gratuitous Transfer)

Question, when looking at our current deed it says this "whose address is, for the purposes of this Deed, c/o Disney Vacation Development, Inc., 200 Celebration Place, Celebration, Florida 34747." as our address... do I still keep this as our grantees address or should it be changed this time around to the actual home address? What if the person we are adding (son) has a different address, and thus we would have two different addresses for grantees?

DVC uses this address as the address of record in all their deeds. This topic was discussed somewhere on the boards but I can't find it - someone wanting to keep that address in their new deed so that their actual address wasn't made public. All the resale deeds that I have looked at lists the grantor's actual address. The deeds I have seen list ONE address for the grantor(s) and ONE address for the grantee(s). I believe it should be the address of the first person listed. The grantor address should match the address listed on the Waiver request sent to Disney.

for signatures does only the Grantors need to sign or does all new Grantees also need to sign?

Just the grantors.
 
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Thanks Kaufeegurl,

Do you know of a resale deed I can take a look at? I am trying to find one on the OCC website but proving difficult. I am just not sure how much I need to take out of my current deed to make it correct. Since we are just adding a name do I take out all reference to DVD as they are no longer involved and technically this is just a deed between the original parties and the original parties plus a son? Would love it if someone could PM me their edited version of their original deed that got through the system. Thanks again so much!
 
Again kaufeegurl - your advice and insight is great and muchly appreciated!!

With regards to the right stamp- the one we used to sell a contract was the red wax like stamp.... it is interesting what you have put a link to. A lady on a Facebook forum posted that they just completed the transfer of names on a deed from the uk and the notary used a red wax stamp :) unless they accept something different from notaries outside of the USA?!? I will give them a call when I can to clarify what we need to provide!

We also just typed out (well cut and paste!) the deed document- I note your comments about addresses etc... again thanks!

Fingers crossed we get it all covered and passed quickly!!

Yes, you literally retype your existing deed with current details. (Or use software which scans your document and then prepares a writable file. This is uncommon but if you have some IT friends . . . . :)

I have no idea why the ink stamp was rejected - it is REQUIRED in Florida. I have included the link to a notary site that lists requirements by state which confirms Florida is ink stamp only. You should call the OCC and confirm what is needed - they are very helpful there.

https://notarypublicunderwriters.co...ry-faq/883-notary-seal-requirements-per-state



Sample of an inked image
FLORIDA-NEW-Pre-Inked-OFFICIAL-NOTARY-SEAL-RUBBER-STAMP.jpg

 
I don’t promise this infirmation below is completely correct, in ANY OR ALL CIRCUMSTANCES, but this is the deed information from one of my contracts, and I think it could be a ‘starting template’. You should be able to copy, paste into a word processor, and modify it to reflect your own property.

______________________________


Warranty Deed

This Warranty Deed made this ______________________ day of ______________________, 2018, between ______________________ and ______________________ whose post office address is______________________, hereinafter called the grantor, to _________________, ___________________, ________________, _____________ and _____________________, Joint Tenants with Full Right of Survivorship and not as tenants in common, whose post office address is ______________________, hereinafter called the grantee:
(Whenever uses herein the terms "grantor" and "grantee" include all the parties to this instrument and the heirs, legal representatives, and assigns of individuals, and the successors and assign of corporations, trusts, and trustees)
Witnesseth, that said grantor for and in consideration of the sum of [PUT IN YOUR SUM WITHOUT THE DOLLAR SIGN] 28,860.00, [PUT IN YOUR SUM WITH THE DOLLAR SIGN AND PARENTHESES] ($28,860.00), and other good and valuable considerations to said grantor in hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and grantee's heirs and assigns forever, the following described land, situate, lying and being in Orange County, Florida, to wit: [YOU MUST REPLACE THE FOLLOWING WITH YOUR OWN INFIRMATION] An undivided 1.5962°/» interest in Unit 111B of Disney's Animal Kingdom Villas, a leasehold condominium according to the Declaration of Condominium thereof as recorded in Official Records Book 9077, Page 4252, Public Records of Orange County, Florida, and all amendments thereto (the "Declaration").

Any unit(s) referenced above are subject to that certain Ground and Improvement Lease by and between Disney Vacation Development, Inc., a Florida corporation ("DVD) and Walt Disney Hospitality & Recreation Corporation, a Florida Corporation, effective March 5,2007, and any amendments thereto, a short form of which is recorded in the Public Records of Orange County, Florida and any amendments thereto (the 'Ground Lease' ); and subject to that certain Master Declaration of Covenants, Conditions and Restrictions recorded in the Public Records of Orange County, Florida and all amendments thereto, and subject to easements and restrictions of record.

The Use Year for the Unit(s) referenced above begins on the first day of [February].
Purchaser's Ownership Interest shall be symbolized as [250 points]
Home Resort Vacation Points for purposes of administrative convenience only and for no other purpose.
Vacation Points are merely reflective of Purchaser's Ownership Interest, and Vacation Points may not be hypothecated, bought, sold, exchanged, rented or otherwise transferred separate and apart from Purchaser's Ownership Interest.

This conveyance is subject to, and by accepting this Deed, Grantee does hereby agree to assume the following:
(1) Resort Fees billed for 2019 and subsequent years.
(2) Conditions, Restrictions, Limitations, Reservations, Easements and other matters of Record.
(3) Declaration of Condominium and Exhibits attached thereto and any Amendments thereof.
(4) Said property is not the homestead property of the Grantee(s)
To Have and to Hold the same, in fee simple, forever. And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee simple, that the grantor has good right and lawful authority to sell and convey said land; that the grantor hereby fully warrants the title to said land and will defend same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances and covenants thereof, and of this mortgage, then this mortgage and the estate hereby created, shall cease, determine and be null and void.

In Witness Whereof, grantor has hereunto set grantor's hand and seal the day and year first above written.

Signature of Seller 1:____________________

Signature of Seller 2: ____________________


Signed, sealed and delivered in the presence of:

Witness #1 Signature_____________________

Print Name: ____________________


Witness #2 Signature ______________________

Print Name: ________________________


NOTARY PUBLIC

State of ________________

County of _________________

The foregoing instrument was acknowledged before me this_________ day of__________ , 2018 by _______________[GRANTOR 1] and ___________[GRANTOR 2] , who is/are personally known to me or who has produced ______________ as identification.

[NOTARY SEAL]


Notary Public

Notary Name Printed ______________________

My Commission Expires ______________________
 
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If I was going to do this, I'd do a quit claim deed rather than trying to do a Warranty deed.

OC FAQ on recording requirements http://www.occompt.com/comptroller/or/general/deedreq/
Note the requirement for a 3 inch blank space right upper corner. Also remember that 2 witnesses are required and the act of notarizing does not count as one though the notary can also sign separately as a witness.
 
If I was going to do this, I'd do a quit claim deed rather than trying to do a Warranty deed.

OC FAQ on recording requirements http://www.occompt.com/comptroller/or/general/deedreq/
Note the requirement for a 3 inch blank space right upper corner. Also remember that 2 witnesses are required and the act of notarizing does not count as one though the notary can also sign separately as a witness.

Thank you. I think you are right.
 
Now I appreciate there may be no legal experts in the field reading this (although it would be awesome if there was) but I do have a question regarding rewriting the deed. I've been going through the process of cut and pasting the original deed that my parents signed back in 1993 with a view of changing it as Kaufeegurl recommends to create a new one which includes both my parents and myself and my wife by simply changing the names within. However looking at the first paragraphs if I were just to swap out "DVD" for my parents it doesn't quite read right to me.

Original Deed reads:
DVD, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Purchaser, the receipt of which is hereby acknowledged, hereby grants, bargains and sells to the Purchaser the interest in real property (the "Ownership Interest" as that term is defined in the Declaration of Condominium) more fully described as follows:...

If I simply change 'DVD' to 'Grantors' and 'Purchaser' to 'Grantees' will that be enough? I've left the rest of the Deed as is but to me it reads as if my parents are selling it back to themselves and us as an addition.

I've amended the paragraph slightly to read as thus:
The Grantor, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, hereby transfers by gratuitous transfer to Grantee the interest in real property (the "Ownership lnterest" as that term is defined in the Declaration of Condominium) more fully described as follows:...

Does this work? We've ticked every box for the OCC (as far as I can tell!) but will they look in depth into the wording on the Deed itself, or are they simply record keepers? Would this rewording create an issue with DVC themselves?

We're doing this from the UK and hoping to get this completed before we travel to Orlando in October so time is somewhat of the essence, so I want to make sure it's all done properly before we send it across the Atlantic!

TIA
 


I've amended the paragraph slightly to read as thus:
The Grantor, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, hereby transfers by gratuitous transfer to Grantee the interest in real property (the "Ownership lnterest" as that term is defined in the Declaration of Condominium) more fully described as follows:...

Does this work? We've ticked every box for the OCC (as far as I can tell!) but will they look in depth into the wording on the Deed itself, or are they simply record keepers? Would this rewording create an issue with DVC themselves?
TIA

I will wait for someone else to comment, who has done it. I don't know for sure, though it makes sense to me. I can say that on one of our contracts, which was redone for us by an outside company, they listed the Grantor as my wife and I, and the Grantees as myself, my wife, and our 4 adult children. But there may be additional things necessary.
 
Now I appreciate there may be no legal experts in the field reading this (although it would be awesome if there was) but I do have a question regarding rewriting the deed. I've been going through the process of cut and pasting the original deed that my parents signed back in 1993 with a view of changing it as Kaufeegurl recommends to create a new one which includes both my parents and myself and my wife by simply changing the names within. However looking at the first paragraphs if I were just to swap out "DVD" for my parents it doesn't quite read right to me.

Original Deed reads:
DVD, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Purchaser, the receipt of which is hereby acknowledged, hereby grants, bargains and sells to the Purchaser the interest in real property (the "Ownership Interest" as that term is defined in the Declaration of Condominium) more fully described as follows:...

If I simply change 'DVD' to 'Grantors' and 'Purchaser' to 'Grantees' will that be enough? I've left the rest of the Deed as is but to me it reads as if my parents are selling it back to themselves and us as an addition.

I've amended the paragraph slightly to read as thus:
The Grantor, for and in consideration of $10.00 and other good and valuable consideration to it paid by the Grantee, the receipt of which is hereby acknowledged, hereby transfers by gratuitous transfer to Grantee the interest in real property (the "Ownership lnterest" as that term is defined in the Declaration of Condominium) more fully described as follows:...

Does this work? We've ticked every box for the OCC (as far as I can tell!) but will they look in depth into the wording on the Deed itself, or are they simply record keepers? Would this rewording create an issue with DVC themselves?

We're doing this from the UK and hoping to get this completed before we travel to Orlando in October so time is somewhat of the essence, so I want to make sure it's all done properly before we send it across the Atlantic!

TIA
I've looked at a lot of deeds and never saw the words 'gratuitous transfer' used. The amount of $10 conveys the intent of gratuitous transfer. I would do a search on OCC and look at other deeds that were gratuitous transfers to confirm how you would like to word it. Most deeds that I looked at definitely changed the wording from the original DVD deed to 'grantor' and 'grantee'.
 
I used LT Transfers rather than doing it on my own. There is no money mentioned.

My new deed reads at top as a "SPECIAL WARRANTY DEED DISNEY'S BAY LAKE TOWER"


THIS DEED, Made the ___ day of ____, 2018, by name, whose mailing address is: address, hereinafter called the “Grantor(s)”, and name, how you're titling it, whose address is: address, hereinafter called the “Grantee(s)”

Witnesseth:That the Grantors, for and in consideration of the regard said Grantor has for said Grantee, the receipt of which is hereby acknowledged, hereby conveys, grants, bargains, sells and releases to the Grantees, the interest in real property (the “Ownership Interest”, as that interest in real property is further defined in the Declaration of Condominium described below) more fully described as follows.

An undivided x% interest in Unit ___ of ____________, a leasehold condominium, (the "Condominium”), according to the Declaration of Condominium thereof as recorded in Official Records Book ####, Page ####, Public Records of Orange County, Florida, and all amendments thereto (the “Declaration”).

Derivation: This being the same property conveyed to Grantor via Deed recorded THE DAY THE ORIGINAL DEED WAS RECORDED, as Instrument Number #######, book ####, Page ####, in the Public Records of Orange County, Florida.

AND SUBJECT TO that certain Ground Lease by and between Disney Vacation Development, Inc., etc etc etc



**********
Capitalized words in black are as they read on my deed.
Bolded black words (and bolded capital letters) are as they read on my deed.
Bolded blue words are what you need to change to match your info.
And the part in red is ADDED into my new deed vs the deed my now-ex got from Disney in 2009.
And the last sentence just continues on into the same wording that completes the old and new deeds.

The part with Witnesseth has the wording that's different from the old deed with money mentioned.
**********


I hope that makes sense, and I hope it's useful.

And...I'd kinda recommend LT Transfers. Just over $200 for the transfer. Only delay was b/c of us.
 
Does anyone know what type of transfer should be done to change the deed from our names into a trust?
 
I am not sure if this is answered. I need to remove someone from my DVC properties. There are multiple one. Do I use this form and do I follow the same process?


Thanks!
 
I am not sure if this is answered. I need to remove someone from my DVC properties. There are multiple one. Do I use this form and do I follow the same process?


Thanks!
Yes you'll need a new deed for each.
 
Just finished this process thanks to this post and all the great helpful insights. Cost only $20.20. Can't be beaten. Thanks again!
 
Yes you'll need a new deed for each.
I have multiple membership numbers and some have multiple contracts (properties). So to remove someone from the deed I need to complete process for each membership or for each contract?
 
I have multiple membership numbers and some have multiple contracts (properties). So to remove someone from the deed I need to complete process for each membership or for each contract?
Each contract. And someone please correct me if I am wrong but I *think* as long as the deeds associated with the contracts are titled the same you can combine those deeds in one new deed, listing each property (with original recording location) in separate paragraphs on the deed. I have seen this done when researching deeds but not sure of the original circumstances. And the person you are removing from the deed will need to sign off with a notarized signature or if they have passed, an official death certificate will be needed.
 
Each contract. And someone please correct me if I am wrong but I *think* as long as the deeds associated with the contracts are titled the same you can combine those deeds in one new deed, listing each property (with original recording location) in separate paragraphs on the deed. I have seen this done when researching deeds but not sure of the original circumstances. And the person you are removing from the deed will need to sign off with a notarized signature or if they have passed, an official death certificate will be needed.

I called DVC and on their end they had recorded the death and passed DVC ownership to me as surviving member. So they said I need to fill out Request to change Title form and recommended First American Title Company. If I used them I do not need to fill out the form otherwise I do. Also the form has changed on 7/1/2018 and the link for the form has date of 8/17/2016. I will share the link when they send it.

According to them I do not need to do anything and handle the deed change when I sell or transfer membership. It gets involved if (when) I pass the estate would need to hire probate lawyer to settle the ownership. That sound like mess and I should take care of this now. Any advise?
 
I got the updated form from DVC and the form has changed a bit. I can not see way to attach the form, they sent me in email not link. One major change seem you can only put one contract per form instead of the old form that you can put in up to 4 per membership. That will be pain for me. I will look to see if they have link of the form also.

Update: I just uploaded the document, seems no way to download it from DVC.
 

Attachments

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I have multiple membership numbers and some have multiple contracts (properties). So to remove someone from the deed I need to complete process for each membership or for each contract?
I think you'll have to do each item deeded separately now as a separate deed to change it. IF they are the same actual unit, etc, you may be able to combine them into one deed. If you sold part of that later you'd have to redo for separate deeds. I had that exact situation and DVC advised me at the time I'd have to do separate deeds but was able to do a combined ROFR waiver. I was also able to get the deeds down to one page each.
 

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