When you buy a home, you need both the deed and the title; one isn't better than the other. The title is the concept of legal ownership while the deed is the document that proves ownership. Moreover, you can't have a valid house deed if you don't hold title.
A quitclaim deed is a quick way to transfer the property title. And in Illinois, a lawyer is not required to complete one, you can do it yourself. That said, hiring an experienced lawyer to execute a quitclaim can prevent expensive mistakes, like this.
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.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.
Step 1: Obtain the Deed. Start by getting the current deed to the property. Step 2: Fill Out the Form. The necessary information for Illinois quitclaim deeds includes. Step 3: Get the Paperwork to a Notary. Step 4: Take the Document to the County Recorder of Deeds.
notice recording statute provides that an unrecorded conveyance is invalid against a subsequent purchaser for value who first records without knowledge of any prior unrecorded instruments.
Illinois deeds must meet the following content requirements: Current owner (grantor) and new owner (grantee) name and address. An Illinois deed that transfers title to real estate must include on the face of the document the names and addresses of the current owner and the new owner. Granting clause.
The first common requirement is that the deed must be in writing and signed by the grantor(s). 765 ILCS 5/1. Generally, deeds conveying a homestead estate must also be signed by the grantor's spouse, except where one spouse conveys to the other. A few other exceptions to this rule are set forth at 735 ILCS 5/12-904.
Does a Quitclaim Deed Expire? A quitclaim deed does not expire because it permanently transfers ownership from one party to another. That being said, the new deed must be filed with the county clerk's office to record the official transfer. If the new deed is not recorded, it can create legal and financial challenges.
For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.