Deed Without Warranty Vs Quitclaim Deed In Queens

State:
Multi-State
County:
Queens
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

The document titled 'Authority to Release' is a legal form used to authorize the release of a Deed of Trust associated with property in Queens. It primarily addresses the distinctions between a deed without warranty and a quitclaim deed. A deed without warranty transfers property ownership without guaranteeing the title's validity, while a quitclaim deed releases any rights the grantor may have, often used between familiar parties. The form facilitates the necessary steps for individuals, such as administrators of an estate, to complete real estate transactions smoothly and legally. Target users, including attorneys, paralegals, and legal assistants, will find it essential for managing estate properties or resolving title issues. Completing the form requires filling in specific details regarding the property, parties involved, and relevant dates, with sections for notarization to ensure its legal enforceability. Users should carefully follow the filling instructions to ensure all information is accurate and complete, avoiding common mistakes in the process. This form is a valuable resource for anyone dealing with real estate in Queens, particularly in estate administration scenarios.
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FAQ

General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.

In a quitclaim deed, the rights of one party pass to another party, called the grantor and grantee, respectively. As a spouse, you give up your interest in the property when you sign a quitclaim deed. This means that you no longer have a legal right to it.

The New York quit claim deed must be signed by the Grantor(s) in the presence of a Notary Public. Additionally, it must be filed with the New York County recorder where the property is located.

For a quitclaim deed in NY to be valid, it needs to be in writing. The document would also need to include the following details: A legal description and address of the property being deeded.

The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.

Quitclaim Deed The grantor is not promising anything other than that they are giving up their own rights, if any. There are no implied warranties in connection with a quitclaim deed. This type of deed guarantees nothing and there is no expressed or implied warranty that grantor owns the property or any interest in it.

Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.

For a quitclaim deed in NY to be valid, it needs to be in writing. The document would also need to include the following details: A legal description and address of the property being deeded.

In some cases, a deed without warranties may be better than a quitclaim deed because a quitclaim deed, as a matter of law, gives notice to the grantee that there might be other claims on the property. That makes it harder to protect against those claims, should they arise.

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Deed Without Warranty Vs Quitclaim Deed In Queens