Is A Quit Claim Deed Legally Binding?

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“A quitclaim deed is an important document that transfers real estate or property ownership to someone else. This is used to settle disputes, remove names on property titles, or transfer property between relatives without selling.”

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Is A Quit Claim Deed Legally Binding?

The blog below, is a quit claim deed legally binding, explains a quitclaim document, its operation, and its benefits and drawbacks.

We can use it to transfer property between divorced or separated spouses with mutual trust. In cases where the seller is not specific about their ownership rights on the land, they can also use them when there could be disputes over title or issues.


How a Quitclaim Deed Works

A quitclaim deed is not an assurance about the property’s title transferred. The sentence can be rewritten as the grantor transfers their ownership interest in the land to the recipient of the asset. The grantor drafts the deed of quitclaim. This individual is the owner of the property and wants to transfer the property to a different person. It contains information like the addresses and names of the grantee and grantor, a legal statement of property, and the transfer time.

The grantor signs the quitclaim deed with a public notary who can verify the grantor’s identity and be present to witness the signing. The grantee will receive the deed of quitclaim. The grantee has to get the original signed quitclaim document to the grantor. They have to record the quitclaim deed in the county recorder’s offices in the county in which the property is. It is an official document of the ownership transfer. It also aids in protecting the grantee’s ownership stake in the real estate.

It’s important to know that a quitclaim document doesn’t guarantee proof of property ownership. It is typically used when the grantee and grantor know each other well and there is no doubt about the property’s ownership.


How to Create a Quitclaim Deed?

Creating a quitclaim deed requires various steps, including creating the document, signing it, and recording it with the state or county authorities. These are the steps needed to draft the quitclaim deed.

  1. Identify the Parties Involved. It is the first thing to determine who the grantor (the person transferring property) is and the grantor (the recipient of this property).
  2. Obtain the Property Information. Collect details about the property, including its legal description and address and the county.
  3. Draft the Quitclaim Deed. Create the quitclaim deed that includes the names of all people involved, the property’s description, and a declaration that the grantor will transfer any interest they may have on the land to the beneficiary. There are templates and examples of quitclaim deeds on the internet, or ask a real estate lawyer to write one for you.
  4. Sign the Quitclaim Deed. The grantor has to sign the document before a notary public or any other authorized official.
  5. Record the Quitclaim Deed. Once the appropriate state or county authority, such as the county recorder’s office, receives the signed document, they must record it. This makes the transfer legal and provides an official document of ownership transfer.


Quit Claim Deeds in opposition to. Warranty Deeds

Warranty deeds guarantee buyers that the seller has a valid title and that nobody will be found on the other side of the road to attempt to claim the buyer’s title. So, when you purchase warrant deeds, you must conduct a title check to ensure you are dealing with the actual owner.

Contrarily, title searches and title insurance are typically not employed in qui claim documents since the deeds provide no representations to the buyer about the condition that the title is in or the legal rights of the seller in the property.


Common Uses of Quit Claim Deeds

A quitclaim deed is typically for when the parties have a relationship with each other, like between divorced or family members. We can also use it to transfer business partners’ property or settle any doubts about ownership.

Remembering that a quitclaim document may not be the best choice for all scenarios is essential. For example, if purchasing or selling a home, opting for a warrant deed is generally necessary, as it provides more security to the buyer. People can use quit claim deeds for a variety of reasons, not just:

  • The removal of a cloud over the title when it is not clear who holds the rightful claim to ownership
  • Transferring the title to relatives,
  • Transferring your real estate property to a corporation for more protection
  • including or removing spouses or spouses from the title
  • the security of your property through an estate trust, and
  • Filing for bankruptcy.


How Do We Fill in the Recording Information?

Have you ever wondered what numbers are on the top of your deeds? You can use the information in this area for recording purposes. There is a place to list the tax parcel/APN number, the escrow number, and the Title Order number. Suppose you do not know what these are.

In that case, the tax parcel number is the Property Identification Number (PIN), also known as an Assessor’s Identification Number (AIN).

The escrow number is a number that an escrow company utilizes to identify your real estate deal. There are no escrow numbers if you don’t use an escrow firm. In addition, a title purchase number is the code the title company utilizes to identify the title report if you purchased one. You can leave this area empty if you do not use any title companies in your transaction.


Legal Implications of Quitclaim Deeds

Are quitclaim deeds legal? The legal ramifications of a warrant deed and a quitclaim deed are different. If you’re a buyer in a real estate deal, a warranty deed can provide you with the most comprehensive level of security. In ensuring that the title is free of any liens or defects and liens, the seller takes on more liability and risks.

If issues arise later, the buyer will be accountable for protecting the buyer from any claims against the property.

Contrary to that, a quitclaim deed is a document that provides buyers with the lowest amount of security. Since the seller does not make commitments or guarantees regarding its title, the seller is at greater risk when purchasing the property.

If there is a problem regarding any title issues shortly, the purchaser will be accountable for resolving these issues without recourse to the seller.

Selecting the best deed to complete your property deal is a crucial decision that an experienced real estate lawyer must make. Depending on the particular circumstances of the specifics of your deal, a warranty deed or a quitclaim document could be the right choice for you. In certain circumstances, a hybrid deed that incorporates elements from both could be the best choice.

Ultimately, knowing the legal consequences of warranty deeds and quitclaim deeds before signing a real estate deal is essential. The right deed for you can safeguard your interests and guarantee the smooth transaction of property ownership. Speak to an attorney specializing in real estate law.


How Do We Make It Legally Binding?

Is quit claim deed legally binding? In most states, a quitclaim deed becomes effective when the grantor(s) sign it, and the grantee accepts it validly. It’s not always necessary, but recording your note soon is advised to protect your property from others making claims. The person named in the deed must receive a copy of the deed, and they should record the original copy.


How Do We Make It Legally Binding?


Do it right the first time! Utilize the Quit Claim Deed Form to make an official document only an hour online. A quitclaim deed could reduce the cost of real estate transactions since it will eliminate the requirement for closings on real estate or title searches and insurance. If you are having issues with estate planning among family members and addressing title defects, a quitclaim transfer is the right way to take it.


What is the Process of Quitclaim Deed?

Do both parties need to sign a quit claim deed? A quitclaim deed transfers your ownership of the property to a different person. It is not an assurance that you own the property in full and free. You can only transfer half of the property if you own only half.

The most common scenarios are giving your home or land to someone you love as a gift, transferring the interest to your ex-spouse, or transferring property to the hands of a Trust or a company.

From the estate planning perspective, transferring your property to a trust is brilliant. It’s a method to secure your assets and permit them to stay out of probate and pass easily onto your family members in the future. Then, let’s look at what the process for obtaining a quitclaim document is similar to.


Contact Your Attorney.

They’ll be able to provide you with the quitclaim deed form you’ll need to fill in. While filling out the form, you’ll need an assessor’s number (APN). You can locate it in your tax notices, valuation documents, or deeds. Also, you need to add the legal description of your property, which can be located on the deed.


The grantor signs the deed and then delivers it to the recipient.

Many states require that you sign the deed before an official notary public to consider it a valid, official document. The notary public seals and signs the deed to confirm that the property is changing hands.


Recording the record with the office of register of deeds.

After you’ve received your notary seal, you can finish the procedure. If you take it to the country recorder’s office, the office will record the transaction as a public record. This creates a formal transaction trace on paper and a sale recording, which is crucial in proving the authenticity of a particular home or acquisition.

It is crucial to remember that a quitclaim deed will have no impact on the mortgage. The grantor cannot transfer their mortgage, but a quitclaim transfers the property title. When the person who granted the mortgage has a due-on-sale clause, they must pay off the remaining balance after transferring the title.

The grantor cannot hold the grantee responsible for mortgage payments, even if they expect it. If you need to transfer a mortgage and it’s a quitclaim loan, the best option is to use a quitclaim deed. This is a legal contract where the grantee agrees to take over the mortgage payments.


Taxes When Drafting a Quitclaim Deed

According to the Department of Revenue Tennessee Department of Revenue, the tax base for a “true” quit claim deed is the value of the offer. Tax is payable on fair market property values if the document’s language indicates an intent to transfer the property or makes a claim to warranty instead of merely a possibility of title.

The language used in this case includes “having and to hold” or “in fee simple.” Most Quitclaims involve gifting property, so the consideration value is usually $10,000 or $0. We need no transfer tax.


Final Thoughts on Quitclaim Deed

The choice of using a quitclaim deed in an estate transaction ultimately comes down to the specifics of the transaction as well as the degree of protection and the guarantees both parties desire.

These deeds offer more excellent protection for the buyer. In contrast, they are usually utilized in cases where there’s an existing trust relationship confidence among the two parties. Or in cases where the transaction is only an amount of money.

It is vital to carefully read and comprehend the terms of the repercussions of a quit claim deed before signing it and seeking legal advice when needed. An attorney for real estate can offer guidance and ensure that the deed is correct and executed to avoid potential legal problems in the future.

Ultimately, it’s essential to carefully review your options and select the best deed to meet your goals and needs for the deal. Considering the details and following legal guidance will ensure an efficient and smooth real property transaction.

Alec Stroup

ALEC STROUP Associate Attorney  Roseville Office  1-866-471-6981  Alec...

Hedy Ghavidel

HEDY GHAVIDEL Managing Attorney  Roseville Office  1-866-471-6981  Bio...