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A quitclaim deed can convey title as effectively as a warranty deed if the granter has a good title when the deed is delivered. It is the lack of any warranties, however, that make a quitclaim deed less attractive from a grantee's perspective.
A quitclaim deed can convey title as effectively as a warranty deed if the granter has a good title when the deed is delivered. A quitclaim deed is often used if the granter is not sure of the status of the title (whether it contains any defects) or if the granter wants no liability under the title covenants.
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.
The quitclaim deed only transfers the type of title you own. Deed transfers of any kind (warranty or quitclaim) impact only the ownership (title) and do not change or affect any mortgage on the property. The mortgage is a separate document.
A warranty deed contains a guarantee that the granter has legal title and rights to the real estate. A quitclaim deed offers little to no protection to the grantee. Warranty deeds ensure that the granter has the right to sell the property, and guarantees that there are no liens or encumbrances against the land.
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.
A quitclaim deed is a type of legal document transferring an interest in property. Once validly executed and recorded, you can't change your mind and simply withdraw it.
Generally speaking, no. Once a quit claim deed has been completed and filed with the County Clerk's Office, the title will officially pass from the granter to the grantee. The only way to reverse a quit claim deed is to go to court and prove that the granter was forced to sign the document under duress.
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