Quitclaim Deed Save PDF For Free

A person who signs a quitclaim deed to transfer property they do not own results in no title at all being transferred since there is no actual ownership interest. The quitclaim deed only transfers the type of title you own.

In most states, there is a period of two years following the deed's filing date during which the quitclaim deed can be contested. In California, the statute of limitations is five years.Any challenge to the quitclaim must be based on either a procedural error or on undo duress.

The good news is that, though it may not be an attractive option to many buyers, you can still sell the property normally. The title will still have been transferred to you. The quitclaim deed affects ownership and the name on the deed, but it does not affect the name on the mortgage.

One benefit of a quitclaim deed is that most real estate transactions include paying tax for the transfer of the property, which is based on its value. If the property is transferring from one family member to another with no money attached as a sale, the transaction is considered a gift.

Once a quitclaim is signed and recorded, can the deed be challenged in court? Yes, it can. Recording your deed only provides notice of your ownership claim to the public.

The drawback, quite simply, is that quitclaim deeds offer the grantee/recipient no protection or guarantees whatsoever about the property or their ownership of it. Maybe the grantor did not own the property at all, or maybe they only had partial ownership.

A quitclaim deed can be canceled due to the incompetency of the grantor as well. This also requires filing a lawsuit and asking a judge to rule that the grantor wasn't in her right mind at the time she signed the deed.