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Downsides to a quitclaim deed The greatest risk to receiving property with a quitclaim deed is that you may not have a true right to the property title. The grantor might not own the property title at all, yet quitclaimed you the deed.
A quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
Laws & Requirements Signing Requirements: Iowa Code § 558.20: A quitclaim deed must be signed by the grantor before a notary public. Recording Requirements: Iowa Code § 558.13: To be valid against third parties, the Iowa quitclaim deed must be recorded at the Office of the County Recorder where the real estate is.
A quitclaim deed makes no assurance that the grantor actually has an ownership interest in a property; it merely states that if the grantor does, they release those ownership rights. Quitclaim deeds are typically used to transfer property in non-sale situations, such as transfers of property between family members.
A quitclaim deed is most often used for transferring property between family members, or to add or remove a person to the title, or or to cure a simple defect on the title, such as a mistake in an address or the misspelling of a name.
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.
NounLaw. a transfer of all one's interest, as in a parcel of real estate, especially without a warranty of 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.