It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
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.
Here's how to do it: First, make sure your quitclaim deed is notarized. Go to the county clerk's office in the county where the property is located. If you're in a county outside of New York City, you'll need to submit a Real Property Transfer Report (Form RP-5217) along with your quitclaim deed.
Great question! Yes, you can draft your own documents, such as a separation agreement and quit-claim deed. There is nothing that prohibits this, although it is always best to have an attorney who handles that area of law prepare it for you.
A warranty deed promises that the grantor holds good, clear title to a piece of real estate. It promises also that the grantor has the right and authority right to sell it to the grantee or buyer. A quitclaim deed, on the other hand, makes no promises about the quality of the title to the property.
What Is a Quitclaim Deed? Quitclaim deeds are most often for transferring property between family members or to cure a defect on the title, such as a misspelling of a name.
Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties. In contrast, warranty deeds are used for real estate sales and high-value transactions involving unrelated grantees. Grantee risks – With a quitclaim deed, all risks remain with the grantee.
Most current deeds fall into one of four categories: 1) General Warranty, 2) Special Warranty, 3) Quit Claim deed, and 4) Bargain and Sale deed. General Warranty Deed — The General Warranty deed is often referred to simply as a warranty deed.
What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.