A quitclaim deed, unlike a warranty deed, doesn't provide any guarantees that the grantor actually owns the property free and clear. Statute of Limitations on a Quitclaim Deed - Home Guides If you and your spouse (or registered domestic partner) are dividing property as required by a written agreement between the spouses or partners executed in contemplation of a judgment or order. Does Getting a Document Notarized Cost Money? The owner/grantor terminates ("quits") any right and claim to the property . Step 2 - Fill in Preparer's Information. The person signing the deed should take the deed to an active notary public or use remote online notarization to execute a real estate transaction. Approved. Article 136 of the Uniform Code of It may be that the transfer doesn't involve any money at all, which is often the case if you're merely clearing title among joint owners of property or family members. This portion of the site is for informational purposes only. Remote online notarization, also called RON, was first launched in the Commonwealth of Virginia. especially the grantor, is somewhere outside of the United States when they Through a grant deed, grantors guarantee that the relevant property hasnt been sold or transferred to another party and it doesnt have any liens, undisclosed restrictions, or unpaid taxes. In almost all cases, signatures on a General Warranty Deed require acknowledgment before a Notary Public or other officer authorized to perform acknowledgments. We update our site regularly, and all content is reviewed by experts. Show more Gold Award 2006-2018 BEST Legal Forms Company Try risk free Once everyones signed the form, record the deed with the nearest county recorder to the propertys location. Anyone can give someone a quitclaim deed, but if the grantor doesn't actually own the property, the deed is worthless. deed must be notarized to be valid. However, the buyer should still take steps to get the quitclaim deed recorded at the local county offices. But what is a property deed, and who can notarize a deed? References. If that is the case, tax statements typically will continue to be sent to the person to whom they've been sent in the past. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. This means if you have a mortgage on the property, you typically are still responsible for that mortgage unless you make other arrangements. Of course, this service does come with a fee. Fill in the acknowledgement section of the grant deed, which asks for the date the document is signed, the full name of the signer and the notary's full name and county in which the notary is licensed. Is an Unrecorded Quitclaim Deed in California Valid? You should contact your attorney to obtain advice with respect to any particular issue or problem. Otherwise, you could be stuck with capital gains taxes if you try to sell the property at a later date. Fees may be paid in cash or by certified check or money order. A quitclaim deed transfers a prior co-owner's portion of rights in a property to the other co-owner, thereby making the grantee sole owner of the property. Which states have motorcycle helmet laws? Warranty deeds provide the highest level of protection and security to the grantee. Then sign on the notary signature line. You may wonder who can legally notarize a document, such as a real estate deed. This image is not<\/b> licensed under the Creative Commons license applied to text content and some other images posted to the wikiHow website. The rule is that the mortgage does not follow the quitclaim deed. Also, it is better for notarized quitclaim deeds to be recorded at the register of deeds in your county so it becomes binding to all parties. The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You can also visit LawHelpCalifornia.org, which helps people with low or moderate incomes find legal information and legal aid programs. Though a quitclaim deed is a common way to transfer ownership, it is possible to legally challenge one. These materials are intended, but not promised or guaranteed to be current, complete, or up-to-date. A quitclaim deed also may not be the appropriate document if you are actually selling the property and a significant amount of money will be changing hands. Read More: Does Getting a Document Notarized Cost Money? Anyone with a notary public license can seal a deed, even if they don't call themselves a notary public. However, even if it is not filed at the time of signing, or not filed at all, the quitclaim deed is still legal. Last Updated: January 23, 2022 However, check your state's property laws or talk to an attorney before you do this. Not knowing the legal terms, I now know how to proceed. So, a mortgage deed is the legal paperwork and forms you sign that allows the mortgage lender to place a lien on the property until you pay the loan. To transfer ownership, disclaim ownership, or add someone to title, you will choose between a "grant deed" and a "quitclaim deed." Spouses/domestic partners transferring property between each other may choose an "interspousal deed." Blank deeds are available at saclaw.org/forms. The language is based on the basic precept of contract law that a contract (including a deed for the transfer of property) is not valid without consideration. A quitclaim deed is a relatively simple and easy way to transfer interest you may have in a property to someone else.