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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.
It must be signed before a notary and two witnesses. The notary may be a witness, but the person receiving the ownership right cannot be a witness. In addition to the Deed, you will need a conveyance tax form. Although no tax will be due, you still need to complete the form.
A quitclaim deed contains no covenants or warranties of title.
A quitclaim deed in a divorce or legal separation gives one person sole ownership of the property. That means that person can sell or obtain a mortgage on the property without the approval, consent, or involvement of a former spouse.
Contrary to the law and established custom in other states, the expression ?to have and to hold? (called the ?habendum clause? of a deed) is not necessary, nor are witnesses or seal required. The deed should be dated, but this too is not necessary to its validity.
The quitclaim deed carries no covenants or warranties. It is used to convey less than a fee simple estate or to cure a cloud on the title.
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.