Maine Quitclaim Deed without Covenant

State:
Maine
Control #:
ME-LR039T
Format:
Word; 
Rich Text
Instant download

Description

In a quitclaim deed with covenant, sometimes called special warranty deed, the seller promises to defend the buyer only against the claims of persons claiming "by, through, or under" the seller. In other words, the seller guarantees the title only against defects or claims arising since he or she acquired the land, not claims that arose before that time.

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FAQ

While a quitclaim deed is simple and quick, it comes with disadvantages. The primary issue is the lack of warranty, meaning the new owner could inherit title issues or other claims on the property. This makes it riskier compared to warranty deeds, which guarantee clear ownership. Therefore, weigh the risks carefully when deciding on a Maine Quitclaim Deed without Covenant.

Would it be legal for you to give a quitclaim deed for the Statue of Liberty to your friend? Yes, the quitclaim deed simply says that the grantor "quits" whatever claim he has in the property (which may be none) in favor of the grantee.

Under California law, a deed that purports to convey title (ownership) or any other interest in real property, such as an easement, is completely void if the conveyancing party's signature on the deed is forged.

A Quitclaim Deed must be notarized by a notary public or attorney in order to be valid. What does "Grantee's assigns" mean? Grantee's assigns refers to any person that the Grantee transfers the property to, after having received the property from the Grantor.

But you might be wondering if an owner can transfer a deed to another person without a real estate lawyer. The answer is yes. Parties to a transaction are always free to prepare their own deeds.A quitclaim deed, for example, is far simpler than a warranty deed.

Quitclaim deeds are most often used to transfer property between family members. Examples include when an owner gets married and wants to add a spouse's name to the title or deed, or when the owners get divorced and one spouse's name is removed from the title or deed.

If the quitclaim deed requires the signature of all co-owners, the deed is invalid unless all co-owners have signed it and the deed is then delivered to the grantee.If one individual owns real estate and desires to add a co-owner such as a spouse, a quitclaim deed might be used.

An unrecorded quit claim deed is still valid.Failure to record a deed could render transfer or mortgaging of the property impossible and create numerous legal difficulties. The purpose of the recording a quit claim deed is to give notice to the world that there has been a change in ownership.

Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title; the grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs.

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.

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Maine Quitclaim Deed without Covenant