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Quit Claim Deeds and Warranty Deeds

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Services for Real Estate Pros

deedA quit claim deedis the legal way that one person (the grantor) transfers real property, such as a house or land, to another person (the grantee). For example, a divorcing husband may quit claim his interest in a house, rental, land, etc to his ex-wife. While the concept is simple and straightforward - relinquishing all ownership claims to a particular property - it's also important to note what a quit claim can't do.

In renouncing claim, the grantor makes no guarantee or promise that the property is free of debt. Another important distinction is that the grantor makes no promise that no one else claims to own the property. The quit claim deedsays, in effect, that the grantor is signing over whatever ownership he or she may have in the property. It does not even guarantee that the grantor has any ownership interest at all. By accepting such a deed, the grantee assumes all the risks. deed 

Many title companies will not insure title when a quit claim deed was used previously to transfer title, and recommend use of a warranty deed instead. A warranty deed conveys full title to the property and warrants the title against defects such as tax liens, legal judgments and unpaid debts.

 

 

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Candy Henthorne
Results Realty - Spring, TX
Spring Texas Real Estate
Mary - This is very important information!  You did a great job at explaining the difference between a quit claim deed and a warranty deed.
Feb 14, 2008 04:11 PM
Karen Anne Stone
New Home Hunters of Fort Worth and Tarrant County - Fort Worth, TX
Fort Worth Real Estate
Hi Mary:  This is a very nicely presented explanation of what a Quit Claim deed does do, and does not do.  It might make a good Localism post, too... depending on where you publish it.  Thanks for sharing.
Feb 14, 2008 04:32 PM
Patricia Kennedy
RLAH@properties - Washington, DC
Home in the Capital
Mary, here is won't get the quit-claimer off the mortgage.  Most of the divorcing couples I know have the spouse keeping the house refinance and go through a whole sales transaction.  They do allow spouses to sell each other their interests without paying out hefty transfer and recordation taxes, so that makes it easier.  And the spouse who is leaving the house is not impacted by anything remaining spouse does in the future.  Like make late mortgage payments.
Feb 15, 2008 01:11 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Too many folks think they can sell real property by the Quit Claim.

Funny thing about Quit Claim Deeds, you can Quit Claim Ownership, but you can't quit claim a deed of trust. You still have to pay.

 

Feb 15, 2008 02:17 AM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

This is great information for buyers and most don't understand the difference. I've seen people try to buy houses with owner financing using a Quit Claim deed and lose ever thing in the end because they didn't realize what it meant.

Feb 15, 2008 04:50 PM
Kimberly Grant
Exit Leon Crawford Realty - Huntsville, AL
Real Estate Agent - Huntsville Alabama
Good explanation Mary.   You made it good and clear for your readers.  I have seen so many that did not know the difference between the two and the importance of having the correct one.
Feb 16, 2008 04:38 AM