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If a grantee accepts a quitclaim deed are they inherently implying that the grantor has a legitimate claim to the land in the deed?
The grantee is only accepting what interest the grantor may own. A quitclaim deed conveys any interest the grantor has or may have. It does not guarantee that the grantor passes good title. By acceptance of the deed the grantee accepts those conditions. If the grantee wants to determine the status of the title conveyed by the deed she/he must have the title to the property examined by a professional.
Bargain and Sale Deed?
Get StartedA Bargain and Sale Deed is a type of real property (i.e. land or a building like a house or apartment) deed where the grantor or owner of the property transfers (grants) their portion of interest in the property in which the grantor has title. A Bargain and Sale Deed is commonly used when a property is transferred between parties unfamiliar to each other as it provides certain safeguards for the Grantee or buyer. A Bargain and Sale Deed can be drafted to provide a guarantee to the buyer that the seller owns the property free and clear of any debt (unless the debt is disclosed in the deed). This type of deed can also be drafted without such a guarantee in the event the Grantor has disclosed existing indebtedness to the Grantee.**If the Grantor desires to provide a guarantee against problems with the title regardless of when or under whose ownership they occurred, a Warranty Deed is more appropriate. If the Grantor only wishes to guarantee against problems with the title to the property through the time the Grantor owned the property a Special Warranty Deed is needed. If the Grantor does not desire to provide any guarantees regarding title or the seller's authority to sell the property free and clear of debt, then a Quit Claim Deed is best.
What does joint tenants with quitclaim covenants mean and do the heirs of the joint tenants have rights to the property?
First, a quitclaim deed transfers any interest in the property owned by the grantor in the deed. It does not guarantee that the grantor owns the property. Ownership must be confirmed by a title examination performed by a professional.When the grantees in the deed acquire as joint tenants that creates a special relationship between those grantees in the case of death. If one dies the surviving joint tenantautomatically becomes the sole owner of the property. The heirs of that decedent have no rights to the property.When that surviving joint tenant (who is now the sole owner) dies, the property will pass to their heirs according to the provisions in their Will or according to the laws of intestacy if they have no Will.
How do you correct an unrecorded quit claim deed when the grantor is deceased?
You cannot correct an error in an unrecorded deed when the grantor has died. You need to take the matter before a judge and request the court's help in making the necessary corrections, depending on the nature of the error. The deed may be deemed null and void. In that case, the grantor's estate must be probated and you must get a deed from the estate or from the heirs. You need to have your situation reviewed by an attorney who specializes in real estate law in your jurisdiction.
Who signs as the affiant line in the quick claim deed?
the grantor
What deed must be signed by a grantor?
Any deed that transfers an interest in real property must be signed by the grantor (owner).
The deed states the Grantor will warrant and forever defend the right and title to the above described property unto the said Grantee against the claims of all persons whomsoever. What does it mean?
That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.That is the legal language that constitutes a warranty deed. The deed expressly guarantees the grantor's good and clear title free from encumbrances not listed in the deed. The grantor covenants they will defend the title from all claims.
What happens to a warranty deed if the grantee has failed to execute which is otherwise properly drafted and delivered?
The grantor executes the deed. Once it has been properly executed and delivered the grantor no longer owns the property. If the grantee doesn't record the deed in the land records they are creating a title defect that will be costly to clear up if the deed should become lost. Grantees who don't record their deeds are foolish in not taking advantage of a system that would defend their title to land against the world. An unrecorded deed robs your rights and the rights of your heirs to the absolute ownership of the land. On the other hand, if you mean what happens to a properly executed deed if the grantor hasn't signed it- it is worthless if not fully executed by the grantor.
When is a quit claim deed legal?
A deed is legal when it has been properly executed by the grantor unless there is fraud or they don't own the property. A legal quit claim deed is one that is properly drafted for its jurisdiction, properly executed by the grantor and the grantor owns, or believes they own, an interest in the property. A title examination performed by a professional can confirm if the grantor is the owner of the property.
What does being on a deed mean?
"Being on the deed" means that you are the grantor or grantee in the deed. The grantor is the seller or the owner making a transfer of the property and the grantee is the purchaser or the one who is acquiring an interest in the property.
Grantor verses the grantee in quit claim deed?
The grantor is the person who transfers their interest in the property by deed. The grantee is the person who receives that interest: the new owner.
Can a grantor come back on a general warranty deed to claim the property?
Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.Generally, no. Once the grantor has executed the deed they no longer own the property and so have no right to take the property back.
