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To ensure a legal change to the property title, you'll want the services of an attorney. A qualified attorney will prepare and file the real estate transfer deed.
Disadvantages and Risks of Quitclaim Deeds While quitclaim deeds offer some benefits, there are also significant risks and disadvantages associated with their use. One major disadvantage is that the grantee assumes all risks associated with the property, including any defects in the title, liens, or encumbrances.
A quitclaim deed is not a deed at all. It is merely a document that transfers whatever title may exist in the grantor to a grantee. It doesn't grant any title. It's more in the form of an estoppel than a deed.
In most cases, a quitclaim may not be accepted to transfer title in Texas due to the lack of warranty. Quitclaims do not transfer title. Quitclaims are generally not sufficient in Texas for title companies to insure property title.
Note: A Quit Claim Deed is also known as a Quick Claim Deed, Quick Deed, or, simply and most correctly, a Quitclaim. When used appropriately, Quitclaims are used to give up or relinquish any claims or interest in a property. A Quit Claim Deed does not transfer title to real estate property in Texas.
Texas formally set a four-year statute of limitations for competing claims. Once a quitclaim deed is recorded in the property's county, a later purchaser or lender has good-faith protection, as long as the party has no knowledge of other unrecorded claims on the property.
Notarization: In order to be recorded in the register of deeds, a quitclaim deed must have been executed before a notary public. The notary's job is to ensure the signatures are valid and that the signatory appears to be acting freely and voluntarily.
A quitclaim deed can therefore transfer anything from a fee simple interested in a property to nothing at all, depending on what interest the grantor has at the time of transfer. A quitclaim deed can often not be used to establish title on its own.