Deed and green. Sounds like someone who works to improve the environment. But it is actually a pejorative term to describe what lazy attorneys do, or rather don't do, for their clients. In the olden days in Illinois, the declarations of value required when selling real estate were green. Hence they were called "green sheets." So "deed and green" refers to an attorney who does nothing but prepare a deed and green sheet for a seller of real estate--no representation, no attending closing, nothing. Seriously, all they do is fill in the blanks on a couple of prepared documents. This is not representation. This is providing secretarial services. In Illinois, there is an ethics opinion which states it is unethical for an attorney to prepare a deed and delegate all other responsibilities of the real estate transaction to a non-attorney. Here is a snippet of that opinion:
Opinion No. 94-1 July, 1994
Topic: Unauthorized Practice of Law; Conflicts of Interest; Limitation of Scope of Representation Digest:
A lawyer aids in the unauthorized practice of law, and may violate rules pertaining to confidentiality, conflicts, and the duty to communicate with and explain matters to a client, by limiting his role in a real estate transaction to the drafting of documents and delegating the gathering and dissemination of information, the resolution of problems arising from such the documents drafted, and other problems which may arise at the closing, to the real estate broker.
Ref.: Illinois Rules of Professional Conduct, Rules 5.5(b), 1.4(b), 5.4(c)
ISBA Opinion on Professional Conduct, Nos. 90-35 and 87-2
If you would like to read the rest, just let me know.
So why would an attorney do this? Are they lazy? Are they trying to minimize risk? Sucumbing to the demands of referring real estate agents? I have no idea. I am sure, however, that if a problem arises, the disciplinary commission and the attorney's malpractice carrier will not be amused with any arguments that the attorney felt his or her responsibility ended at preparing the deed.
In our area, there are only a couple of bad apples I know of who pull the "deed and green" routine, but in other parts of Illinois, with the exception of the Chicago area, it is more common. And in Iowa? Oh my goodness! You certainly would not guess Iowa prides itself on keeping attorneys involved in real estate transactions. We are involved in transactions throughout the entire state, and I am constantly shocked at how little attorneys do in "representing" their clients. Outside of our community, you are more likely to see Sasquatch on your way home from work this morning that you are to find an attorney at a closing.
So, come on "deed and green" attorneys; either represent your clients or don't represent your clients. Stop being satisfied with doing only part of your job. And sellers, if you can't find an attorney who will actually represent you, don't pay for someone to complete a couple of simple documents for you. Keep looking for someone who is willing to actually do his or her job. We are out there! And if there really is not one attorney in your community willing to represent you (and sadly, there are places like that), fill in the blanks yourself and save the $50-$100. All the documents you need are easily available on the Internet.
Showing posts with label warranty deed. Show all posts
Showing posts with label warranty deed. Show all posts
Tuesday, February 5, 2008
Friday, August 10, 2007
Illinois Deed Provider, Inc.
Several clients have called recently regarding a letter they received from Illinois Deed Provider, Inc. Illinois Deed Provider, Inc. proposes to obtain a certified copy of your deed for $89.50. My advice, save your money, or donate it to a worthy cause.
The letter claims that a certified copy of your deed "provides evidence that your property was transferred to you." It does no such thing. As a real estate attorney, I can assure you that it is absolutely unnecessary to have a certified copy of your deed. Deeds are not like the title to your car–you do not need your deed--original or copy--to sell your real estate or otherwise to prove ownership. One deed, standing on its own, is meaningless.
It is necessary to follow the chain of title to determine ownership. In other words, I could give you a deed to the Centennial Bridge, and it could be recorded, and you could obtain a certified copy of that document. However, unless I owned the Centennial Bridge, and the person who deeded the property to me owned it, and the person before that person, etc., you just received a deed to nothing. No amount of certification changes this simple fact.
Further, those documents are part of the permanent record at the Recorder’s Office, and you can obtain copies anytime you like. So, if it ever turns out for some peculiar reason you need a copy, it can be obtained with one visit to the Recorder’s Office. By the way, the Recorder's Office charges $49.00, there is no parking fee, and you only need to go there once, contrary to what the Illinois Deed Provider folks might try to tell you.
Their letter claims that the U.S. Government recommends that you have "an official or certified copy" of your deed. I looked at the page they say recommends this. It says nothing of the kind. The page contains a list of documents you should consider keeping in your safe deposit box. In the section regarding what you should keep in your safe deposit box, it says, "If applicable, you should have official or certified copies of documents for your safe deposit box" [emphasis added]. Since, in Illinois and Iowa at least, it is unnecessary to have a certified copy of your deed, I would state unequivocally that this recommendation is not applicable with regard to deeds.
The company appears to owned by an Illinois licensed real estate broker by the name of Barry Joel Isaacson. Mr. Isaacson is not an attorney, even though he is giving legal advice by explaining the legal effect of documents to others. In my opinion, this is the unauthorized practice of law.
If you receive this letter, please, please, please, just ignore it. If you are deadset on giving away money, please consider a donation to the Animal Aid Humane Society or the Quad City Animal Welfare Center instead of Mr. Isaacson. At least then it will be for a good cause.
www.thomasmoens.com
The letter claims that a certified copy of your deed "provides evidence that your property was transferred to you." It does no such thing. As a real estate attorney, I can assure you that it is absolutely unnecessary to have a certified copy of your deed. Deeds are not like the title to your car–you do not need your deed--original or copy--to sell your real estate or otherwise to prove ownership. One deed, standing on its own, is meaningless.
It is necessary to follow the chain of title to determine ownership. In other words, I could give you a deed to the Centennial Bridge, and it could be recorded, and you could obtain a certified copy of that document. However, unless I owned the Centennial Bridge, and the person who deeded the property to me owned it, and the person before that person, etc., you just received a deed to nothing. No amount of certification changes this simple fact.
Further, those documents are part of the permanent record at the Recorder’s Office, and you can obtain copies anytime you like. So, if it ever turns out for some peculiar reason you need a copy, it can be obtained with one visit to the Recorder’s Office. By the way, the Recorder's Office charges $49.00, there is no parking fee, and you only need to go there once, contrary to what the Illinois Deed Provider folks might try to tell you.
Their letter claims that the U.S. Government recommends that you have "an official or certified copy" of your deed. I looked at the page they say recommends this. It says nothing of the kind. The page contains a list of documents you should consider keeping in your safe deposit box. In the section regarding what you should keep in your safe deposit box, it says, "If applicable, you should have official or certified copies of documents for your safe deposit box" [emphasis added]. Since, in Illinois and Iowa at least, it is unnecessary to have a certified copy of your deed, I would state unequivocally that this recommendation is not applicable with regard to deeds.
The company appears to owned by an Illinois licensed real estate broker by the name of Barry Joel Isaacson. Mr. Isaacson is not an attorney, even though he is giving legal advice by explaining the legal effect of documents to others. In my opinion, this is the unauthorized practice of law.
If you receive this letter, please, please, please, just ignore it. If you are deadset on giving away money, please consider a donation to the Animal Aid Humane Society or the Quad City Animal Welfare Center instead of Mr. Isaacson. At least then it will be for a good cause.
www.thomasmoens.com
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