An official document known as a quitclaim deed is used to transfer ownership rights over real estate from one person (the grantor) to another (the grantee). Legal descriptions of the property and the grantor and grantee's names are included in quitclaim deed transfers. They become a part of the public record when they are submitted to a county recorder's office.
Rarely are quitclaim deeds—also known as quick claim deeds—used to transfer titles in commercial real estate sales. They are more frequently used to transfer ownership of a property when no money is exchanged. Examples include giving real estate to family members, giving real estate to a living trust (often as part of estate planning), fixing mistakes and title defects from a prior transaction, and adding or removing people from an ownership group. Free quit claim deed templates are easily available online.
Advantages of Quitclaim Deeds
There are several important factors that make quitclaim deeds appealing to grantors and grantees.
1. The majority of quitclaim deeds are brief and simple. Online legal and real estate directories typically contain templates for these deeds. Before transferring any property to another person, seek legal counsel from a professional.
2. Quitclaim deeds are helpful for internal transfers because they make it simple to transfer ownership interests between family members or from individuals to living trusts.
3. Quitclaim deeds are enforceable legal records that can support ownership evidence in a title search, despite their apparent simplicity.
Disadvantages of Quitclaim Deeds
Although quitclaim deeds can be useful and straightforward, these types of deeds are not adequate for many transactions due to a number of flaws.
1. No proof of ownership is required for the grantor to sign a quit claim deed in Tennessee, making it possible for someone to use such deeds to transfer property they do not actually own.
2. Unlike a warranty deed, a quitclaim deed does not ensure that a property is free of title defects like tax liens or title claims from third parties. This makes it a poor choice of legal document to use when selling real estate for money.
3. Commercial lenders deem warranty deeds to be insufficient, while mortgage lenders require warranty deeds to support loans secured by real estate, as opposed to quitclaim deeds. The warranty deed's guarantee of property ownership is necessary for the lenders.
Author Bio
Carl writes often about online legal drafting like affidavit, bill of sale and quitclaim deed forms to help the people.