Arkansas Sample Letter for Quitclaim Deed for Foreclosed Property
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How to fill out Sample Letter For Quitclaim Deed For Foreclosed Property?
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FAQ
This deed must be signed, notarized, and recorded in the county where the property is located. Some counties have more than one recording office, so you need to be sure this deed is being recorded in the correct recording office. Must list the name and address of the person who prepared this deed.
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
Signing ? A quitclaim deed has the requirement of the Grantor(s) signing in front of a notary public and 2 disinterested witnesses. Taxes ? ing to the Dept. of Finance and Administration the tax rate on any real estate transfer is $3.30 per $1,000.
No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
Statute: Arkansas Code § 18-12-209. Signing Requirements: Arkansas Code § 18-12-104: Arkansas quitclaim deeds require the grantor to sign in front of a notary public and two (2) disinterested witnesses with no claim in the transaction.
Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property.
QUITCLAIM DEED ? The Quick Easy Solution All a Quitclaim Deed does is transfer the exact same rights the owner has at that specific time. If there are outstanding claims against the property, the buyer will be subject to all of the claims.
