An Online Guide To Create A Quit Claim Deed Used To Transfer Rights In Real Estate

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What Is A Quit Claim Deed

A legal document used to one person's rights to real estate to another person. The person transferring their rights is called the grantor and the person receiving the rights to the property is called the grantee. In most cases this type of deed contains no warranties, it does not even guarantee that the grantor has any rights to the property to give.

Main Elements Of A Quit Claim Deed

At the most basic level the following elements are combined to form a quit claim document:
  • Title. The title of a legal document, usually at the uppermost (within allowed margins) portion of the deed, describes to the world what type of legal document it is.
  • Executed Date. This is the effective date of the quit claim. This tells the world when the legal document was completed, signed, and executed. Most importantly this tells us when the rights to the property were transferred.
  • Grantor. The person giving away (quitclaiming) their ownership rights to real estate to another person. Any entity that can own real estate is considered a person.
  • Grantee. The person that is receiving the rights that the grantor is giving.
  • Habendum. This is the "legal speak" that actually transfers the rights from the grantor to the grantee.
  • Consideration. What the grantee gives to the grantor in exchange for their rights to the real estate. This is usually the amount of money the grantee is paying. Consideration does not have to be money, it can be anything (legal) of value, even love.
  • Legal Description. The written words which delineate (legally describe) a specific piece of  the real estate. Every transferable piece of real property in the United States has a legal description. This description is written in such a manner that it can only describe one particular piece of land and no other.
  • Signatures. Most states only require that the grantor sign a deed and that it be delivered and accepted by the grantee for the deed to be valid. A few states also require that witnesses observe the grantor signing and also sign the deed.
  • Notary Acknowledgment. Almost every state requires that the grantor's signature be acknowledged by a Notary Public and that such acknowledgment be included with the deed.
 
Formatting requirements of the actual document vary from state to state, even county to county, however the main elements are fairly uniform.
 

Recording a Quit Claim Deed

Recording the deed is the process of submitting your legal document to the local government agency responsible for record keeping, usually the county recorder or registrar of deed. The main reason for doing this is for "public notice". Once your deed is recorded it is assumed that everyone now knows about it and no one can claim that they did not know of your interest in the property. In most states recording the deed is NOT required for the deed to be valid however it is in the best interest of the grantee to record it as soon as possible.
 
 
 
 
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