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Quit claim deed sample

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Quit-Claim Deed Before a Divorce, LegalZoom Legal Info, quit claim deed sample.#Quit #claim #deed #sample


Quit-Claim Deed Before a Divorce

Divorces frequently include property division. Before a divorce and maybe even before contacting a divorce attorney, you and your spouse may verbally agree how to divide property. The two of you may even sign quitclaim deeds to each other conveying real estate before or during the divorce process. Although deeding property prior to the entry of a final divorce decree may seem like a good idea in theory, there may be numerous reasons to postpone the conveyance until a divorce has been finalized.

Quit claim deed sample

Divorces frequently include property division. Before a divorce and maybe even before contacting a divorce attorney, you and your spouse may verbally agree how to divide property. The two of you may even sign quitclaim deeds to each other conveying real estate before or during the divorce process. Although deeding property prior to the entry of a final divorce decree may seem like a good idea in theory, there may be numerous reasons to postpone the conveyance until a divorce has been finalized.

Quitclaim Deeds

Although most real estate conveys by warranty deed, particularly between third parties, quitclaim deeds are frequently used when one spouse, or former spouse, deeds to the other. The difference being that a quitclaim deed offers no warranties or assurances that title to the property is clear or free from liens or other encumbrances. A warranty deed warrants title except as to exclusions stated in the deed. Usually, however, you and your spouse know what encumbrances or title defects exist against the property, if any, and would be willing to accept a quitclaim deed. Quitclaim deeds generally transfer property more expeditiously and with less expense since exclusions contained in a warranty deed may need to be verified by a title search or search of the county’s land records.

Undisclosed Evidence

During a divorce, you may become aware that your wife’s assets are greater than you realized. She may have purchased property and made investments in her own name, of which you were unaware. If this evidence is disclosed during divorce proceedings after you have quitclaimed property to her, you may feel shammed and ask for compensation or relief through the court, including reversal of the deed giving property back to you.

Coercion

Your husband might have a volatile temper or be a master manipulator, such that you are afraid not to do his bidding or have trusted him completely to handle business affairs. Due to either of these situations, you may have signed whatever document he placed in front of you. If you are able to prove in court that you were forced or coerced into signing a quitclaim deed, the court can order the deed set aside and ownership reversed.

Equitable Distribution

Often in a divorce action, the courts seek to equitably divide assets between a husband and wife. Until this property division has been completely determined by a final divorce decree, you might find it difficult to refinance or deed property to a third party in your sole name. A closing attorney or title company might require your wife’s signature on the deed or mortgage, even if you have a quitclaim deed from her. Under certain circumstances, the court can order a deed set aside if it can be proved that the conveyance was detrimental to either you or your wife.

Homestead Interest

In some states, if your spouse owns property and lives there as his residence, you also have a homestead interest in the property or the right to live there. This remains true whether or not your name is on the deed or you have quitclaimed the property to him. Even if an agreement regarding distribution of the property has been approved by the court, until you are actually divorced, both signatures will likely be required to sell or mortgage the property.

Liens or Encumbrances

Even when your spouse quitclaims property to you, a mortgage made by both of you does not go away. The court may have ordered your husband to make the payments but if payments are not made, the lender can still foreclose the mortgage unless the legal proceeding is in a jurisdiction that prevents it. Both you and your husband remain responsible for the debt until paid or you are released from liability.


SAMPLE QUITCLAIM DEED, quit claim deed sample.#Quit #claim #deed #sample


quit claim deed sample

[list exact legal description of property]

Subject to: [list any encumbrances the property will be “subject to, e.g. power line easements, etc.] .

Subject to real estate taxes and assessments for the current year and subsequent years.

Subject to all valid easements, rights of way, covenants, conditions, reservations and restrictions of record, if any, and also to applicable zoning, land use and other laws and regulations.

To have and to hold the same, together with all the buildings, improvements and appurtenances belonging thereto, if any, to the Grantee and Grantee’s heirs, successors and assigns forever.

IT IS EXPRESSLY UNDERSTOOD AND AGREED between Grantor and Grantee that Grantor makes no representations, covenants or warranty of any kind whatsoever. By this instrument, the parties intend that Grantor release to Grantee whatever interest Grantor may have in the above property, if any.

The interest being released by the Grantor, if any, was acquired by: [statement explaining how grantor acquired the property] .

I, [list name of grantor’s spouse] , of [list address of grantor’s spouse] , spouse of [list name of person conveying the property] , in consideration of the above sum and other good and valuable consideration received, do hereby waive and release to Grantee all rights of dower, curtesy, homestead, community property, and all other right, title and interest, if any, in and to the above property. In _______________, on the _____________ day of ____________, 19___, before me, a Notary Public in and for the above state and county, personally appeared [list name of person conveying the property] , known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed. In _______________, on the _____________ day of ____________, 19___, before me, a Notary Public in and for the above state and county, personally appeared [list name of grantor’s spouse] , known to me or proved to be the person named in and who executed the foregoing instrument, and being first duly sworn, such person acknowledged that he or she executed said instrument for the purposes therein contained as his or her free and voluntary act and deed.


Warranty and Quit Claim Deed – Know What the Difference Is, quick deed claim.#Quick #deed


Know the difference between quitclaim and warranty deeds?

Quick deed claim

What is a quitclaim deed?

A quitclaim deed is a legal document that transfers ownership of real estate from one person to another. The deed identifies who is handing over an interest in the property (the grantor) and who is accepting it (the grantee). Quitclaim deeds often are used when property isn’t sold.

  • When the owner dies and bequeaths it to an heir.
  • When the owner adds the spouse’s name to the title.
  • When a former spouse’s name is removed from the title after divorce.

Unlike a warranty deed, a quitclaim deed does not guarantee that the grantor is the rightful owner and has the right to transfer the property.

It’s not a ‘quick claim’ deed

First of all, it’s called a quitclaim deed, not a quick claim deed. You’re welcome.

What a deed is

A deed is a document that conveys, or passes, real estate from one party to another. Whether you buy a house from a stranger, inherit it from your parents or add your spouse to the home’s title, a deed accomplishes the deed of transferring the title.

What a deed isn’t

A deed isn’t a sales contract, says Jeff Eisenshtadt, president of Title Source, which provides title insurance and settlement services nationwide. A sales contract is a promise to convey property in exchange for something (usually money). In contrast, a deed isn’t a promise to convey; it is the conveyance itself.

What a deed includes

A deed contains a legal description of the real estate being transferred. In urban or suburban locales, the legal description identifies which lot the property occupies in a platted subdivision. Deeds in rural areas might use meets-and-bounds descriptions of the boundaries, which identify where the property lines are in relation to landmarks.

The deed must identify who is handing over an interest in the property (the grantor) and who is accepting it (the grantee). Most counties require the deed to have the addresses of all parties involved. And a deed wouldn’t be a deed without words of conveyance — a passage that says that the grantor intends to convey an interest in the property to the grantee.

What can go wrong

If the information on the deed is inaccurate or out of date, it can cause headaches. The legal description could be incorrect, for example, saying that the property line is 150 feet north of the house, when it’s actually 145 feet, misleading the buyer into building a fence on a neighbor’s property.

More commonly, people’s names are wrong. This often happens when a woman changes her last name after marriage or divorce. Take the example, Eisenshtadt says, of a single woman named Mary Jones who buys a house. Then she gets married, changes her name to Smith, and sells the house. If the deed doesn’t identify her as Mary Smith, formerly Mary Jones, the document has some ambiguity that would best be avoided.

What a warranty deed does

There are 2 main types of deed: warranty and quitclaim.

“A warranty deed is one in which the seller, when transferring the title to you, warrants that he owns the property free and clear of all liens,” says David Eagan, a lawyer with Eagan Matthews PLLC in East Hampton, New York.

A warranty deed is used in most sales of property. The warranty deed says that:

  • The grantor is the rightful owner and has the right to transfer the title.
  • There are no outstanding claims on the property from lenders using it as collateral, or from other creditors.
  • The property can’t be claimed by someone with a better claim to the title. If any of those claims is wrong, the buyer is entitled to compensation.

A title insurance policy backs up the claims of the warranty deed, protecting the lender or buyer from disputes about ownership or liens.

What a quitclaim deed does

A quitclaim deed typically is executed when the property isn’t sold:

  • The owner dies and bequeaths it to someone.
  • The owner adds the spouse’s name to the title.
  • A former spouse’s name is removed as part of a divorce settlement.
  • The property is transferred to a living trust.

“A quitclaim deed is a deed that says, ‘I’m not warranting what I own, but I’m transferring what I do own to you,” Eagan says. “So it’s a much lesser level of protection.”

With a quitclaim, the grantee has no legal recourse if problems with the title turn up, or if a forgotten lienholder emerges from the woodwork. There isn’t a title policy. That’s why it’s riskier. On the other hand, a lot of quitclaims are executed when the property stays in the family, and that reduces the risk.

Eagan says there also are cases in which a seller might execute a warranty deed on the main part of the property and a quitclaim deed on another part of it. This might be the case with properties that border rivers and lakes, where the owner sells underwater land and it’s not particularly clear who owns it.


Quit Claim Deed VS Warranty Deed: What – s the Difference, quick deed claim.#Quick #deed


Quit Claim Deed VS Warranty Deed: What’s the Difference?

Quick deed claim

A Quit Claim Deed Does About EVERYTHING That A Warranty Deed Does

The concern is that if a quit claim deed is obtained, that the new owner will somehow have “less than full ownership.” This is not true.

A quit claim deed, like the other deed types, transfers any and all interest in the subject property, from the person signing the deed (the grantor) to the person receiving the deed (grantee).

The Quit Claim Deed

While all deeds transfer any valid interest from the grantor to the grantee, a quit claim deed comes with no warranty of any kind. The grantor is giving the grantee any interest he may have. However the grantor is NOT saying:

-That he necessarily owns ALL the interest in the property (there may be additional owners so you’re only getting a partial interest)

-That there are no liens and encumbrances against the property

-That the grantor actually even owns ANY of the property.

You’re simply getting whatever the grantor’s interest is, if any, without any guarantees. A quitclaim deed is fine if you’ve determined on your own that the seller does indeed own the entire property (or that you have all sellers present who need to sign), and that the property is free of liens.

Special Warranty Deed

This is often given by corporations and other entities, especially after getting a property back from a foreclosure. The corporation warrants that it has compete interest in the property and that there are no existing liens DURING THE TIME THEY OWNED IT ONLY.

They do not guarantee the property in any way for the time before they purchased it. However, the title company will investigate title to its satisfaction and will not insure it unless it is clean.

Warranty Deed

This is most often given in typical real estate transactions between two owners who are getting title insurance, and probably a mortgage on the property in the case of the buyer.

The seller warrants the property against liens and incomplete ownership since the beginning of time. However, the seller’s financial ability to make this warranty isn’t typically an issue because of the title insurance being given.

Why Quit Claim Deeds are Best For DeedGrabbing

We get a quit claim deed when we give the seller a token payment to take over their unwanted property prior to the tax sale. Why? It’s unreasonable for an owner to warrant the property for ANY amount with such a low payment.

Many times the seller will even tell us about potential liens, so it would make no sense to give a warranty that there are no liens.

We need to satisfy ourselves that we’re getting the entire interest in the property, and that there are no liens, or the liens are known and acceptable. At this point, a quit claim deed is all that’s necessary for us to take over.


Can One File a Quitclaim Deed Without Refinancing the Mortgage, Home Guides, SF Gate, what


Can One File a Quitclaim Deed Without Refinancing the Mortgage?

Can One File a Quitclaim Deed Without Refinancing the Mortgage?

Filing a quitclaim deed is a right of any property owner. You can file a quitclaim deed without refinancing your mortgage, but you are still responsible for the payments. Transferring the mortgage without refinancing is possible through an assumption of the loan, which requires lender approval.

Record the Quitclaim Deed

The quitclaim deed relinquishes some or all ownership rights from an existing owner to a new owner. Quitclaims are usually used between spouses or family members as property is gifted, consolidated or otherwise divided without selling it.

The quitclaim deed itself is a simple form recorded at the county assessor’s office. It contains all description information of the property, including parcel number, physical description and legal address. The deed states who is giving and who is receiving the property, described by full legal name and how title is received. For example, it might read, “Jane P. Doering, a single woman.” A quitclaim deed is unilateral, meaning only the grantor giving the property away signs it. Quitclaim deeds are irrevocable.

In San Francisco County, the notarized quitclaim deed is recorded along with the Preliminary Change of Ownership (PCOR) form and a transfer tax affidavit. Most interfamily transfers are exempt from transfer taxes; file a notice of exemption if it applies.

Warning

Check with tax advisers regarding potential gift tax issues when transferring property as a gift.

Mortgage Considerations

The holder of the mortgage note is responsible for payments. In a quitclaim situation, transferring the note might not be relevant. For example, if a single homeowner marries, he might add his spouse to the house title via the quitclaim deed. Neither might be concerned with changing the loan. The same is true if a parent gifts a home to a child.

However, if a parent dies and the child takes over the house via quitclaim through probate, the lender will want the mortgage paid as part of closing the estate. The child can request a loan assumption, meaning taking over the terms and payments of the loan rather than refinancing.

Lenders are leery of assumptions because they don’t know the person taking over the loan. Because of this, underwriting is usually required for the new owner before the loan assumption is approved. While assuming a loan is similar in process to a refinance, the new owner/borrower assumes the existing mortgage interest rates and terms, which could be more favorable than getting a new loan.

Warning

Quitclaim deeds don’t guarantee the new owner a free and clear title. Lenders and other lien holders still maintain all legal rights to the property.


Quit Claim Deed, Form Downloads, Instructions, Recording Info, what is a quick claim deed.#What #is


Quit Claim Deed

  • Real Estate Transfers Between Family Members. Quit Claim Deeds are often used to transfer property to and from family members. Transfers between parents and children, between siblings, and between other closely related family members are easily done with this type of deed.
  • Adding Or Removing A Spouse From Title. Whether resulting from a divorce or a marriage, a real estate owner can use a quit claim deed to add a spouse to or remove a spouse from the title of the property.
  • Transferring Real Estate To An LLC Or Corporation. With holding of real estate in the protection of LLC s and Corporations becoming more common, so are quit claim deeds. Corporate transfers are usually done with this type of deed as it is generally a transfer between closely related entities.
  • Transferring Real Estate To A Trust. As with corporate transfers of real estate, transfers to a Trust are equally common. Family planning that deals with property meant to carry on through generations often involves an initial transfer from a family member into a trust.
  • Removing A Cloud On Title For Title Insurance. In the process of insuring title to real estate title companies may find a cloud in the title. Generally this means that there appears to be someone may or may not have an interest in a property that has not been accounted for and it is causing a break in the chain of title. It is common for the company insuring the title to require the person in question to quit claim their interest in the property prior to issuing the title insurance.

While each County has specific formatting requirements for the recording of documents there are main elements that are common to all real estate deeds.

  • Title. The title of a legal document tells the world what type of document it is. In this case the title is Quit Claim Deed
  • Executed Date. This is the date that the legal document was completed, signed, and executed.
  • Grantor. This is the person or persons that is transferring their rights to the real estate to someone else. For the purpose of a quit claim deed the term person can refer to a natural person, an LLC, a Partnership, a Corporation, a Trust or Trustee, or any other entity that can legally own real estate.
  • Grantee. This is the person that is receiving the rights to the real estate that are being transferred. Again here, the term person refers to any entity that can legally own real estate.
  • Habendum. This is the meat of the deed, the legal speak which actually transfers the rights to the property. Generally it is a phrase similar to: . does hereby remise, release and quitclaim unto the said Grantee forever, all the right, title, interest and claim which the said Grantor has in and to the following described parcel of land, and improvements and appurtenances thereto.
  • Consideration. This is what the Grantee gives to the Grantor in return for the rights to the property. While in some cases a deed may be enforceable without consideration it certainly muddies the water. It s a good idea to check with a tax accountant before transferring real estate with a no consideration or gift deed as there may be tax issues.
  • Legal Description. Here is where the description of the property being transferred is listed. The format of the legal description varies from state to state. The types of legal descriptions are: metes and bounds, rectangular survey, and lot and block. The lot and block legal description is the most common however it depends on your state. A typical lot and block description looks like: QCD SUBDIVISION, 2ND AMD, LOT 112 BLOCK 3 .
  • Signatures. Most states require only the Grantor to sign the deed and for it to be delivered to the Grantee for it to be valid. Grantor s signatures usually must be notarized and in some rare cases separate witnesses must also witness the Grantor signing.
  • Prepared By. This section lets the world know who prepared the quit claim deed. Generally this is the Grantor or an attorney.

Get a free quit claim deed form, quick deed claim.#Quick #deed #claim


quick deed claim

Free Quit Claim Deed Form

Quick deed claim

A quit claim deed form is a legal document used to transfer property between two or more people. Quit claim deeds are prepared by a GRANTOR the person or persons transferring interest of a piece of property and then signed over and assigned to a GRANTEE the person receiving the property.

Quick deed claimOnce signed and executed the GRANTOR quits his or her ownership or rights to the property, allowing the GRANTEE to assume those rights and the transfer of the property.

Unlike a warranty deed, a quitclaim deed form does not provide the GRANTEE warranty on the title. A quit claim deed is most often used to transfer property between family members or assign property into a trust.

Quit claim deeds come in handy during divorce proceedings and are very useful if you need to transfer property quickly. You can also use a quit claim deed if you want to give property as a gift to someone.

How to Prepare a Quit Claim Deed Form

Take a look at our sample quit claim deed form below. You can click anywhere on the form to be taken directly to our free quit claim deed form or just click here to download a quit claim deed pdf.

To fill out a quit claim deed, first you need to date the document and fill in the GRANTOR and GRANTEE names and addresses. Next, you need to add the address of the property that is to be transferred and a full description.

Then, you date the form again and the GRANTOR signs and prints his or her name in the space provided (note this must be done in the presence of a notary). And, finally, there is a space to put your state and county where the quitclaim deed form is to be filed.

That s all there is to it your part is done! The only thing left to do is to get the quit claim deed notarized.

Quick deed claim

The notary will date, sign and seal your quit claim deed and then you can take it to your county clerk s office to be recorded in the land registry. Your notary will take care of the following documentation:

Quick deed claim

Difference between a Quit Claim Deed and a Warranty Deed

A warranty deed is used when transferring ownership of property between a buyer and seller. Warranty deeds guarantee that the seller owns the property and that the title is free and clear of all claims.

A quit claim deed is also used to transfer ownership of property. However, there is no guarantee that their aren t any liens against the property. With a quit claim deed, the owner of the property quits ownership and conveys his interest in the property to someone else.

Quit claim deeds are most often used between family members when gifting property and during a divorce. Use a quit claim deed for fast transfer of property. Use a warranty deed when you buy property to make sure that the title is clear.

Why is it Called a Quitclaim Deed?

You may have heard the name called or saw it spelled quick claim deed form, quitclaim deed form, quit-claim deed form or quit claim deed form. Fact is, all of the above names for quit claim deed are okay to use. Believe me, your county clerk will know what you want if you ask for a quick claim deed.

However, the proper spelling of the document is quitclaim deed. It is called a quitclaim deed because that is exactly what it does it quits any claim or right to a piece of property a person may have.

When to use a Quit Claim Deed Form

There are many instances when a quit claim deed can be used to transfer property fast. A quit claim deed can be filled out online and printed quickly. You can use a quit claim deed form to:

  • Remove someone s rights to the property during a divorce.
  • Gift a piece of property to a family member or some other person.
  • Buy or sell real estate with your business.
  • Correct the way a name is spelled on a previous written deed.
  • Clear any leftover interest in a piece of property
  • Transfer property into a trust.
  • Clarify the ownership of property in a marriage and more.

Do I Need a Lawyer to Fill Out a Quit Claim Deed?

No, you do not need to hire an attorney to fill out a quit claim deed. That being said, there is no substitute for good legal advice. If you have questions about your specific situation, we strongly suggest that you consult an attorney. If you know what you need, though, feel free to follow the link below:

Quit Claim Deed Sample

Quit claim deeds are used to transfer ownership of real estate between two parties. You can download our free quit claim deed sample form instantly today below.

Quit claim deeds are most commonly used to assign ownership of property when the property is gifted. For example, parents often elect to use a quit claim deed to give property to children. Quit claim deeds are commonly used by family members to transfer real estate when warranty deeds are not needed.

Once signed, witnessed and sealed, a quit claim deed gives the grantor the right “quit” his or her interest in the property, thus transferring ownership in the property to the grantee. Whether it s called a quit claim deed, quitclaim deed or quick claim deed, it does the same thing.

Download a Quit Claim Deed Sample Form

You can use our sample quit claim deed for practice before filling out your original deed. Fill free to copy or download our quit claim deed sample form below:

Quick deed claim

To prepare your quit claim deed, date the form and fill in the grantor and grantee section and enter the address and a full description of the property to be transferred.

Next, the grantor takes the deed to a notary to sign and seal it. Once notarized, your quit claim deed should be taken to the county clerk s office to be filed.

How to File a Quit Claim Deed

To file a quit claim deed, take the original deed to your courthouse and go to the county clerk’s office. It could also be called the county recorder or deed registry office – it’s wherever the land records are kept in your county.

For a small fee, the county clerk will make a copy of your quit claim deed form and sign, stamp and date the two deeds. The clerk will then give the original back to you and file the copy in the local land records to record the deed.


Warranty and Quit Claim Deed – Know What the Difference Is, what is a quick


Know the difference between quitclaim and warranty deeds?

What is a quick claim deed

What is a quitclaim deed?

A quitclaim deed is a legal document that transfers ownership of real estate from one person to another. The deed identifies who is handing over an interest in the property (the grantor) and who is accepting it (the grantee). Quitclaim deeds often are used when property isn’t sold.

  • When the owner dies and bequeaths it to an heir.
  • When the owner adds the spouse’s name to the title.
  • When a former spouse’s name is removed from the title after divorce.

Unlike a warranty deed, a quitclaim deed does not guarantee that the grantor is the rightful owner and has the right to transfer the property.

It’s not a ‘quick claim’ deed

First of all, it’s called a quitclaim deed, not a quick claim deed. You’re welcome.

What a deed is

A deed is a document that conveys, or passes, real estate from one party to another. Whether you buy a house from a stranger, inherit it from your parents or add your spouse to the home’s title, a deed accomplishes the deed of transferring the title.

What a deed isn’t

A deed isn’t a sales contract, says Jeff Eisenshtadt, president of Title Source, which provides title insurance and settlement services nationwide. A sales contract is a promise to convey property in exchange for something (usually money). In contrast, a deed isn’t a promise to convey; it is the conveyance itself.

What a deed includes

A deed contains a legal description of the real estate being transferred. In urban or suburban locales, the legal description identifies which lot the property occupies in a platted subdivision. Deeds in rural areas might use meets-and-bounds descriptions of the boundaries, which identify where the property lines are in relation to landmarks.

The deed must identify who is handing over an interest in the property (the grantor) and who is accepting it (the grantee). Most counties require the deed to have the addresses of all parties involved. And a deed wouldn’t be a deed without words of conveyance — a passage that says that the grantor intends to convey an interest in the property to the grantee.

What can go wrong

If the information on the deed is inaccurate or out of date, it can cause headaches. The legal description could be incorrect, for example, saying that the property line is 150 feet north of the house, when it’s actually 145 feet, misleading the buyer into building a fence on a neighbor’s property.

More commonly, people’s names are wrong. This often happens when a woman changes her last name after marriage or divorce. Take the example, Eisenshtadt says, of a single woman named Mary Jones who buys a house. Then she gets married, changes her name to Smith, and sells the house. If the deed doesn’t identify her as Mary Smith, formerly Mary Jones, the document has some ambiguity that would best be avoided.

What a warranty deed does

There are 2 main types of deed: warranty and quitclaim.

“A warranty deed is one in which the seller, when transferring the title to you, warrants that he owns the property free and clear of all liens,” says David Eagan, a lawyer with Eagan Matthews PLLC in East Hampton, New York.

A warranty deed is used in most sales of property. The warranty deed says that:

  • The grantor is the rightful owner and has the right to transfer the title.
  • There are no outstanding claims on the property from lenders using it as collateral, or from other creditors.
  • The property can’t be claimed by someone with a better claim to the title. If any of those claims is wrong, the buyer is entitled to compensation.

A title insurance policy backs up the claims of the warranty deed, protecting the lender or buyer from disputes about ownership or liens.

What a quitclaim deed does

A quitclaim deed typically is executed when the property isn’t sold:

  • The owner dies and bequeaths it to someone.
  • The owner adds the spouse’s name to the title.
  • A former spouse’s name is removed as part of a divorce settlement.
  • The property is transferred to a living trust.

“A quitclaim deed is a deed that says, ‘I’m not warranting what I own, but I’m transferring what I do own to you,” Eagan says. “So it’s a much lesser level of protection.”

With a quitclaim, the grantee has no legal recourse if problems with the title turn up, or if a forgotten lienholder emerges from the woodwork. There isn’t a title policy. That’s why it’s riskier. On the other hand, a lot of quitclaims are executed when the property stays in the family, and that reduces the risk.

Eagan says there also are cases in which a seller might execute a warranty deed on the main part of the property and a quitclaim deed on another part of it. This might be the case with properties that border rivers and lakes, where the owner sells underwater land and it’s not particularly clear who owns it.


What is the Penalty for Forgery of a Quit Claim Deed, what is a quit


What is the Penalty for Forgery of a Quit Claim Deed?

Like other deeds, a quitclaim deed conveys title from a grantor or owner to a grantee. Unlike other deeds, a grantor has no legal liability if the title is flawed in some way. Conveying title with a forged or fraudulent deed, however, is a felony. If found guilty, the forger will suffer whatever penalty your state mandates for the crime.

Missouri and Florida Cases

In Kansas City, Missouri, a series of thefts in 2004 involved criminals forging homeowners signatures on quitclaim deeds, then filing the deeds with the county. The thieves could then resell the property or take out a home equity loan using the house as collateral. In some 2008 forgery cases in Florida, the thief not only faked the owner s name but that of two witnesses, plus authorizing the document with a fake notary seal. The favorite targets are out-of-state or elderly owners who won t suspect a problem until it s too late.

Penalties

Quitclaim deed forgery, in many states, may constitute multiple crimes. In California, for example, you commit a felony the moment you forge a property owner s signature on a quitclaim deed. If you then file, register or record the deed, that s another crime. The forgery could earn you three years in prison and a $10,000 fine for each fraudulent deed. Filing the deed could result in a $75,000 fine on top of that. The judge can add on several years more, depending on how much money the homeowner lost because of your crime.

Defenses

Just because someone s accused of forgery doesn t mean he ll be convicted. For example, the accused could show that he didn t forge the deed; instead, the forger impersonated him and used his name as the grantee to conceal his true identity. In California, it s a legal defense to show that the rightful grantor approved of what you did: She wanted to give you the house, for instance, and told you to go ahead and sign her name.

Considerations

A forged deed is completely invalid: Once the forgery is discovered, the title transfer is null and void. If the forger conveyed title to someone else, that transfer is invalid, too, as are all subsequent conveyances, even if some of the buyers were innocent and unaware of the fraud. If the thief used fraud to trick the grantor into signing the deed, the thief has no right to the property, but if he sells it to a legitimate buyer, that sale might hold up.