The quitclaim deed is a deed by which the grantor quitclaims unto the grantee all of the grantor's rights, title, and interest to the property, if any. The grantor makes no warranties about the quality or extent of the title being conveyed.
This form of deed is useful for clearing existing or potential clouds on the title. A cloud might be some unreleased lien or encumbrance that may superficially impair or cast doubt on the title's validity, such as a recorded mortgage that has been paid in full, but with no satisfaction of mortgage recorded.
To clear the title of these possible trouble spots, the grantor releases any claim or interest in the property. Instead of the usual words grants, bargains, and sells, the quitclaim deed uses the words remise, release, and quitclaim.
The quitclaim deed does not contain a covenant of seisin. This allows the grantor to sign a deed transferring any and all interests, without claiming ownership of any right of title whatsoever.
The grantor does not warrant to defend the title interest conveyed or to transfer a valid interest. When a quitclaim deed cannot be acquired, a suit to quiet title usually produces a clear title.
Comments(6)