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A quitclaim deed is a legal instrument that is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee.
Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners divorce and one spouse's name is removed from the title or deed.
A quit claim deed transfers the legal ownership of the property from one party to another, and doesn't require attorneys or legal help, unless you choose to consult an attorney.
They're as effective as a warranty deed to transfer title, but only if the title is good. A quitclaim deed can convey title as effectively as a warranty deed if the grantor has a good title when the deed is delivered.
Quitclaim deed This transfers any ownership interest the grantor (seller) has in the property, but it doesn't make promises about whether the title is good and if anybody else owns the property. When you sign a quitclaim deed, you're effectively giving up aka quitting your claim or rights to the property.
If there is no mortgage, there is of course no way for the quitclaim deed to affect the mortgage. In some cases, the grantor does have a mortgage while filing a quitclaim deed. The new owner will have the title of the property, but the original grantor will still be liable for the outstanding mortgage.
In most states, there is a period of two years following the deed's filing date during which the quitclaim deed can be contested. If either the grantor or grantee wants to challenge the validity of the quitclaim deed, the challenge must be made during this time period.
This is called recording your deed. When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded. Title agents commit errors, lose deeds, and even go out of business.
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