Quitclaim Deed

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What is a Quitclaim Deed?

A quitclaim deed is a legal document that transfers whatever interest the current owner (the grantor) has in a piece of real estate to a new owner (the grantee). Unlike a warranty deed, it makes no promise that the title is clear or that the grantor actually owns the property.

Because there are no guarantees, a quitclaim deed is mainly used between people who already trust each other. Typical situations are adding or removing a spouse after marriage or divorce, transferring property to a family member, or moving a home into a living trust or an LLC.

The deed names the grantor and grantee, gives the legal description of the property and states the consideration, which can be nominal. Once signed, notarized and recorded, it becomes part of the public property records. It is different from a bill of sale, which covers personal property, and from a real estate power of attorney, which only lets someone sign on the owner’s behalf.

The Importance of a Quitclaim Deed

A quitclaim deed is the fastest and simplest way to change who is on the title. It avoids the title search and warranties that come with a sale, which is why it is common in divorces, estate planning and gifts within the family.

The simplicity cuts both ways. The grantee receives only what the grantor owns, so if there are liens, unpaid taxes or a competing claim, the grantee inherits those problems without any legal recourse against the grantor.

A quitclaim deed also does not change a mortgage. The person who signed the loan remains responsible for it until the lender releases them or the loan is refinanced.

Recording the deed with the county recorder is what protects the grantee against later claims. An unrecorded quitclaim deed is valid between the parties but invisible to everyone else.

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How to Get a Quitclaim Deed

Start with the form for the state and county where the property is located. Many county recorders publish their own quitclaim deed form, and the recording requirements differ from state to state.

Fill in the full names and addresses of the grantor and grantee, the legal description of the property (not just the street address) and the parcel or tax ID number. Several states also require the name of the person who prepared the deed and, in Florida for example, two witnesses.

The grantor signs the deed in front of a notary public. The notarized deed is then filed with the county recorder or register of deeds together with the recording fee and any transfer tax forms the county requires.

Keep a copy of the recorded deed. The recorder returns the original with a book and page number or instrument number that proves the transfer is on record.

Notarized Quitclaim Deed

A quitclaim deed must be notarized before it can be recorded. Every US state requires the grantor’s signature to be acknowledged before a notary public, which is how the recorder knows the deed was signed by the right person and signed voluntarily.

The notary verifies the grantor’s identity, watches the signature being made or confirms it was made and completes the acknowledgment certificate under seal. Without this certificate the recorder will reject the deed and the transfer will not appear in the public records.

Notarization protects both sides. It reduces the risk of forged deeds, which is one of the most common forms of property fraud, and it gives the grantee a document that courts and title companies recognize.

Most states now accept deeds notarized online through remote online notarization. Because acceptance is decided by the county recorder, confirm with the recorder’s office before you sign if you plan to notarize your quitclaim deed remotely.

How to notarize a quitclaim deed online in three steps: upload the deed, checkout, verify identity – NotaryPublic24
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Frequently asked questions

What is a notarization?

Notarization is the official process of having a document legally verified by a notary public. A notary public is an authorized official who verifies the identities of the people signing a document and confirms that the signatures are authentic. This process makes the document legally recognized and trustworthy, helping to prevent fraud and ensuring its validity for important matters like buying a house, signing a contract, or creating a will.

What is an Apostille?

An Apostille is a certificate that makes your document valid in other countries. It's like a stamp of approval that confirms your document is real and can be used in countries that are part of the Apostille Convention. This agreement between countries makes it easier to use important documents like birth certificates and marriage licenses abroad without needing any other certifications. The Apostille verifies the signatures and seals on your document, ensuring it's accepted as genuine.

What is a Notary Public?

A Notary Public is an authorized official who has the right to issue certain certificates. An example is the Apostille stamp. A Notary Public is authorized by the state and applies their official seal and signature to certify the documents.

Does a quitclaim deed need to be notarized?

Yes. Every US state requires the grantor's signature on a quitclaim deed to be acknowledged before a notary public before the county recorder will accept it. Some states also require one or two witnesses in addition to the notary.

Does a quitclaim deed give you ownership?

A quitclaim deed gives you whatever ownership interest the grantor actually had, and nothing more. If the grantor owned the property outright you become the owner, but if there were liens or competing claims you take the property with those problems attached.

Does a quitclaim deed remove me from the mortgage?

No. A quitclaim deed changes who owns the property, not who owes the loan. The borrower stays liable until the lender releases them or the mortgage is refinanced in the new owner's name.

What is the difference between a quitclaim deed and a warranty deed?

A warranty deed guarantees that the grantor holds clear title and will defend it against claims. A quitclaim deed makes no guarantees at all, which is why it is used between family members and in divorces rather than in sales to strangers.

Can you sell a house with a quitclaim deed?

You can, but most buyers and their lenders will insist on a warranty deed and title insurance instead. A quitclaim deed is normally reserved for transfers where the parties know each other and no money, or only nominal money, changes hands.

Is a quitclaim deed the same as a title?

No. Title is the legal right of ownership, while a deed is the document that transfers that right. A recorded quitclaim deed is evidence of the transfer, but it only passes whatever title the grantor actually held.

Can a quitclaim deed be reversed or challenged?

Once signed, notarized and recorded, a quitclaim deed cannot simply be cancelled by the grantor. Reversing it requires the grantee to sign a new deed back, or a court order if the deed was forged, signed under duress or made by someone without capacity.

Can I notarize online?

Yes, you can notarize your documents online. With our online service, simply upload your documents, complete the checkout process, and verify your identity digitally. It only takes a few minutes! You'll receive your notarized documents within 24 hours with a sealed notary stamp.

Do I need to be physically present?

No, you do not have to be physically present to notarize online. However, you need to verify your identity with a government issued ID.

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