Where to file quit claim deed

The date you sign the deed doesn't have to be the date the transfer takes effect. If your state requires a signature from the grantee, or from witnesses, they must sign after you. Finally, the notary public will sign and affix their seal to the deed.

When all signatures and seals are on the document, you should make at least two copies — one for your records and one for the grantee's records. You'll want to take the original to the county recorder's office and record it.

Record the deed. Although it typically isn't legally required that you record your quitclaim deed, if it isn't recorded no one will know that the transfer took place. This can cause problems if, for example, the grantee attempts to get a mortgage on the property. Include your email address to get a message when this question is answered. You Might Also Like How to. How to. More References About This Article. Written by:. Jennifer Mueller, JD.

Co-authors: 6. Updated: February 22, Categories: Property Law. Article Summary X A quitclaim deed is a relatively simple and easy way to transfer interest you may have in a property to someone else. Thanks to all authors for creating a page that has been read 95, times.

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Connie Lauterio Feb 7, Jose Padron Aug 21, Not knowing the legal terms, I now know how to proceed. Kristen P. Jun 24, Doris Duncan Jun 12, Saved dollars and made me at ease. Tracy White Feb 10, Share yours! This can be found on an old deed or at your local County Clerk or Registry Office. A parcel ID number will also need to be listed on your Quitclaim Deed in some cases. It can be found on past tax statements. To execute the Quitclaim Deed , the grantor needs to sign the deed in front of a notary public.

Though this is an optional step, it is best to consult a real estate attorney prior to completing and filing a quit claim deed. Obtain a Form. Gather the Information.

Gather Witnesses and Notary. Complete the Form. Deliver the Form. File the Form. Pay Excise Tax. The specific process and requirements vary from state to state, so check with an attorney or look up state-specific requirements online. Obtain the proper form. Get a legal description of your property. Fill out the form. File the form with the county. A quitclaim deed is a legal instrument that is used to transfer interest in real property.

Co-authored by Clinton M. Part 1. Find sample forms. You can find many quitclaim deeds on the Internet. If you want to use one, then print it off and fill out the requested information. You can also hire an attorney to draft your quitclaim deed.

Remember that any form you find on the Internet still must comply with your county's formatting requirements. You should stop into your county Recorder of Deeds office and ask about requirements.

If you don't follow them, you may be charged more when you file or the deed might be rejected. Format your document. If you want to type up your own quitclaim deed, then open a blank word processing document. Set the font to something readable—Times New Roman 12 point works for many people. Your county may have specific requirements for the page layout. For example, in Carson County, the quitclaim deed must be on 8.

Include required information. At the very top of the document you need to insert required information. Remember to include the following so that the quitclaim deed will be legal: the assessor's parcel number, which you can find on the current deed or by asking the Recorder [1] X Research source the name of the person filing the deed the address where the deed should be returned after being recorded [2] X Research source.

Provide the address where taxes should be mailed. The county recorder also won't record a quitclaim deed unless you tell them where the statement of taxes should be sent. Don't forget to include this information.

Title the document. You can make the title in a larger font, such as 14 point, so that it stands out. Identify the parties. With the deed, the owners the grantors convey the property to the grantee for money. Banks and Arthur C. Banks hereby remise, release, and forever quitclaim to Andrew X. Again here, the term "person" refers to any entity that can legally own real estate. Habendum This is the meat of the deed, the legal speak which actually transfers the rights to the property.

Generally it is a phrase similar to: " While in some cases a deed may be enforceable without consideration it certainly muddies the water. It's a good idea to check with a tax accountant before transferring real estate with a "no consideration" or "gift" deed as there may be tax issues. Legal Description Here is where the description of the property being transferred is listed. The format of the legal description varies from state to state.

The types of legal descriptions are: metes and bounds, rectangular survey, and lot and block. The "lot and block" legal description is the most common however it depends on your state. Signatures Most states require only the Grantor to sign the deed and for it to be delivered to the Grantee for it to be valid.

Grantor's signatures usually must be notarized and in some rare cases separate witnesses must also witness the Grantor signing. Prepared By This section lets the world know who prepared the deed. Generally this is the Grantor or an attorney. Executing a deed can also create issues with your mortgage such as triggering a due on sale clause. Check with your title insurance provider or lender prior to executing a deed to see if there will be any affect on your policy coverage or mortgage.

It is common during a divorce for one spouse to quitclaim their interest in a property to the other spouse. If there is a mortgage on the property it is important that you understand this does not remove your obligation to the mortgage. You could end up responsible for the debt with no say as to what happens to the property.

Fraud and Abuse Unfortunately, there has been an increase in real estate fraud in recent years and many cases involve a quitclaim. Theft by forgery is the most common fraud committed. If you are purchasing real estate, especially from someone you do not know, and they offer to transfer the property to you using a quitclaim deed you should seek the advice of a legal professional or at the very least consult someone at a title company.

If you own real estate and are asked to sign a quitclaim deed, know that you are giving your real estate to someone else and you will not likely be able to get it back.

This is common in a "save your home" type of scheme.