This is usually the grantee or their attorney. Where to Mail After Recording – Where to send the deed after it is filed.Preparer’s By – Individual that writes the form.In order for most county and city recorders to process the deed, the following information is required: Therefore, there is usually no need for a real estate agent or other negotiating individual.Īn attorney is always recommended to ensure the parties succeed in legally filing the transaction. Most commonly, a quitclaim is used when purchasing a portion of real estate interest. Like any ownership interest, there must be a price that is agreed upon by the parties. The form must then be filed with the local recorder’s office, completing the process. The form must be properly signed in accordance with state requirements. In order to properly submit this request, there must be consideration provided (purchase price) and a sufficient description of the premises. How to File a Quit Claim Deed (4 Steps)įiling a quitclaim deed will convey ownership to the grantee. As long as the title and claim of the property are legitimate, there would be few means of contesting the transfer of the real estate in this way. The deed will already have given the title to the appropriate beneficiary making the probate process short or completely unnecessary. It cuts through the litigation process and can save time and money at the time of death. Quitclaim deeds are also an excellent means to transfer real property into a living trust. Avoid the probate process through transfer into a living trust The process is very much similar to when one fixes a mistake in the title. Quitclaim deeds make it quick and easy to arrange properties after marriages or divorces. Add or remove a spouse or another individual from the titleĪlong with making corrections to the title, quit claim deeds can also add or remove a spouse from the title of the deed. Once such defects or inaccuracies are clarified using the quitclaim deed, a warranty deed or special warranty deed may be used to resolve any finer details about covenants in the transfer of property. The quitclaim deed can resolve all of these by using the correct and intended information for the title that then is notarized by a county or city official. Mistakes can be as simple as a spelling error in the name of the titleholder to something as complex as ambiguity around who the real titleholder is. Quitclaim deeds are also an efficient means of correcting a mistake on the title without extra costs and time in legal litigations. Often, using the quitclaim deed in these scenarios means that there is no sale on the property or money trading hands. Typical arrangements between family members include parents passing on their house to their adult children or siblings trading real property with each other. The grantor and the grantee then would either have knowledge about or be able to trust the claim to the title of the property. Since this deed offers the least amount of buyer protection, it is often used for transferring properties between people who trust each other-such as family members. Transfer real property between family members You would be surprised then to learn that there are a lot of practical and convenient uses for a quitclaim deed. By Stateīecause of the uncertainty that comes with quitclaim deeds, it is common to think that these documents are unreliable and aren’t worth the risk. A quit claim deed must be signed with witnesses present or notarized in accordance with State law.
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