A quitclaim deed is a legal document that is used to transfer real property, such as homes, land, and roads, from one entity to another. The entity who is signing over the property to another is referred to as the grantor; the grantee is the entity that receives the property. Since quitclaim deeds do not make any guarantees to the grantees, they are very rarely used to transfer property that has been sold. Quitclaim deeds are most often used to transfer property between people who are familiar with each other, and they can also be used to transfer private property to a business. The quitclaim deed form is the document that must be filled out to create a quitclaim deed.
What a Quitclaim Deed Form ContainsBefore property can be transferred from one owner to another, a written document must be created. Many quitclaim forms are created by lawyers, but some grantors create their own forms. A quitclaim deed should contain the names of the grantor and grantee, the date the document was created, a legal description of the property, and a habendum. The habendum describes the rights the grantee will receive. There may also be a consideration added to the quitclaim deed. When added to a quitclaim deed, a consideration describes what the grantee will give to the grantor in exchange for the property. In most states, a quitclaim deed form only has to be signed by the grantor and notarized; the grantee is not required to sign the document.
After the Quitclaim Deed Form has Been SignedOnce the signed form has been transferred to the grantee, the deed to the property is considered transferred. The deed should be recorded in the county where the property is located.
An issue that can arise from a quit claim deed is that the grantor may not have claim to the property that is being transferred. Quitclaim deeds make no assertions that the property being transferred is without debt or not owned by another party; they just transfer the title from the grantor to the grantee. If the grantor did not own the property that was transferred to the grantee, the grantee does not receive the property. In many states, the grantee will not be able to take legal action against the grantor.
You need to obtain a written release from the life tenant which in most jurisdictions would take the form of a release deed or quitclaim deed.You need to obtain a written release from the life tenant which in most jurisdictions would take the form of a release deed or quitclaim deed.You need to obtain a written release from the life tenant which in most jurisdictions would take the form of a release deed or quitclaim deed.You need to obtain a written release from the life tenant which in most jurisdictions would take the form of a release deed or quitclaim deed.
In the interest of fairness, to you, to anyone else who reads this, and to me, I am disclosing and claiming that I am NOT intending to give you any legal advice by answering this question, and in fact I am specifically stating that I am not giving you legal advice...as that would be illegal unless I was an attorney licensed to practice in your State. Please contact an attorney in your town for advice on this issue.... Having made that clear, I can tell you from my own personal experience with a UDI Campground Development how we, in my state, convey UDI, and that it is my understanding that in most States wherein real property is conveyed by Deed, your interest must be conveyed by a Deed, typically a Quitclaim Deed. UDI means that you have an undivided interest in the Campground Development real property, in other words you own, for example, an undivided 1/1000 interest in the property. The percentage that you actually own depends on how many undivided interests your campground development is made up of. If you sell your interest (or gift it), you must convey your undivided interest via a Deed (usually a Quitclaim Deed). This deed must be drafted to show that you as Grantor (you and also anyone else on title with you, like your wife or kids) are conveying your undivided interest to the Grantee (the person or persons to whom you are conveying your property). The deed must contain certain legal conveyance language and the legal description that accurately describes the property being conveyed. Typically, the deed must be signed by you, the Grantor(s), in the presence of at least one witness and a Notary (check the state statutes or ask the Clerk of Court for the county in which the property lies). The deed must then be "delivered" to the Grantee (denotes their acceptance of the conveyance, if you have sold the property and they paid you then obviously they have accepted, but you cannot gift deed to someone without them knowing and accepting your gift) and recorded in the county records. Some states will require an affidavit which indicates the true consideration (Dollar amount you sold your interest for or the Consideration might be $10 and Love and Affection or Gift) and some may require that amount shown on the deed itself. The easiest way to handle this to is to obtain a copy of a Quitclaim Deed wherein another member has conveyed their undivided interest in the same campground property and basically copy the form (this of course works best if the deed you are copying was drafted by a local real estate attorney...you do not want to copy someone else's mistakes). To obtain a copy of such a deed you can go to the county courthouse wherein the property lies and ask the clerk to help you find such a deed, or, if the Clerk will not help, you must look in the Grantor index under the legal name of the Campground Development to see the Deed Book/Page references of the deeds they have recorded, some of which will probably be Quitclaim Deeds. You can also look in the Grantee index under the Campground name for Quitclaim Deeds wherein Members have deeded their interest back to the Campground. Obtain a copy of the deed(s) you locate and use on or more of them as a guide. If you live in the state wherein your property lies, you can probably also purchase a "blank" Quitclaim Deed at your local office supply store that is drafted to conform with your state statutes and then just fill in the blanks. Be sure, however, that the legal description that you use is complete and accurate and matches the one on the deed that you obtained when you purchased your interest in the Campground. Some owners of interests in such campgrounds are willing to simply give the interest away to get out of having to pay the annual dues. Advertising in your local paper, a paper which is located in a city near to the development, a Realtor located near the Development, or one to the internet websites wherein you can list your property for sale, may bring a buyer to your table. You may also consider gifting the interest to a friend or family member (who knows and understands what they getting into). Having said all of that I must disclaim that I am not intending to give any legal advice by this response to your question and I highly recommend that you contact a real estate attorney in the county wherein the campground lies and have them draft the deed for you and advise you. Every state handles the conveyance of real property differently, some do not use typical deeds but have a title method of conveyance. Hope that helps!
deed
Yes, once the mortgage on the house is paid off, you can gift the house to someone by transferring ownership through a legal process such as a deed transfer or a quitclaim deed. It's important to consult with a legal professional to ensure the transfer is done correctly and to understand any tax implications that may arise from the gift.
Yes, at least in Florida. Even in the recorder's office, the recorder, who is also a notary public will witness the document and proceeds to notarize it himself. A power of attorney is a totally different case. Also, if the notary is notarizing the signatures of the winesses in any ddocument, he cannot be a winess himself.
A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.A quitclaim deed is only effective if it was executed by the owner of the property. If the original owner executed a quitclaim deed then they do not own the land.If the quitclaim deed you refer to was not executed by the owner of the property then it is of no effect.
Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.Not necessarily. You need to examine the deed to see if there was any consideration mentioned. A quitclaim deed can be used as a gift deed but every quitclaim deed is not a gift deed.
A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.A quitclaim deed doesn't figure into the procedure to refinance your home.
No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.No. A warranty deed cannot be reserved by a quitclaim deed. Deeds convey real property.
A quitclaim deed may be used to convey any interest in real property.
Your phrase does not make sense. A quitclaim is a deed. A trust does not deed out TO a quitclaim. You need to clarify your question by adding more details.
A quitclaim deed is enforceable against the grantor the moment it is executed and delivered to the grantee.
No. There is no time limit of ownership for you to execute a quitclaim deed. Many people execute a quitclaim deed immediately after acquiring their property, especially in commercial real estate transactions or when a straw deed has been executed to make changes in tenancy.
Yes.Yes.Yes.Yes.
Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.Yes. If a person signs a quitclaim deed they transfer their interest in the property to the grantee and no longer own the property.
If you own property and execute a quitclaim deed transferring your interest. You no longer own the property. If the property is subject to a mortgage or if you made the transfer to avoid creditors you have complicated the title and created a problem for yourself but you cannot undo that deed. The grantee in that deed would need to convey their interest back to you. Transferring property that is subject to a mortgage will trigger the "due on transfer" clause. You should consult with an attorney.
In the state I live in you do not have to purchase a license to perfect a quitclaim deed. It must be registered with the county Registrar of Deeds just as any other deed must be registered. A quitclaim deed conveys ownership only to the extent of the granter's ownership interest in the subject property (which could be none).