Top 21 FAQs on Deed, Quitclaim and Property Transfer


Can quitclaim remove name from title?

Yes, you can use such a deed to remove someone's name from the title.

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Can quitclaim deed transfer mortgage debt?

No, it cannot transfer a loan or get out of a mortgage using quitclaim deed. You need to refinance or do a novation for that.

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Do I need to subordinate second loan if I refinance the first?

You may have to pay gift tax but there are exemptions. Besides, you may have to pay the doc stamp and transfer tax also.

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Will grantor lose rights on property after quit claim?

It depends on whether the grantor wishes to transfer the entire property or a part of it, That is, if the quitclaim is meant to add someone to the title, the grantor does not lose his rights on it.

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Can you provide a list of State-wise Forms on Quit Claim Deed?

Quitclaim deed forms vary from one state to another as they're approved by the laws in each state. You will get such forms online but it is recommended that you get it reviewed by your attorney. Also, the language in the form may differ depending upon an individual's needs.

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How to fill out the legal description part of a quitclaim?

The legal description of the property should include the address of the property, the state and the County where it is located. In urban and suburban areas, the legal description implies which lot the property occupies in a platted subdivision. If you're in a rural area, the property description includes the boundaries and property lines with respect to the landmarks.

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Does grantor and grantee both need to sign a deed?

You can request your ex-spouse to refinance the mortgage after divorce but she will have to submit documents such as divorce decree, quitclaim deed, income documentation etc.

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Is a quitclaim deed valid if not notarized?

No, you should get the deed signed by notary public prior to recording it in order to make it valid.

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Is quick claim a way to remove co-borrower from title?

Quitclaim can remove co-borrower from title but the person needs to take permission from the lender who has offered the mortgage. This is because he is a co-owner of the mortgaged property. However, the co-borrower's name will remain on the loan even though he is removed from the title.>

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Will quitclaim help protect my home from creditors?

No, it cannot help you protect home from creditors. Rather, quitclaiming your home may be regarded as fraudulent transfer in this regard.

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Can I reverse a quitclaim deed?

Yes, you can do so only if the grantee is willing to quitclaim property back to you.

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How do I file for a reversal of a quit claim deed?

Take help of an attorney and file a lawsuit in order to make the quitclaim void.

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Quitclaim prior to bankruptcy - how does it affect?

Transfer of property by quitclaim or any deed within a year to filing bankruptcy may be considered as fraudulent transfer and the trustee may reverse the transfer. Also, creditors may sue you for the transfer.

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What if I quitclaim after filing bankruptcy?

Transferring property which is included in the assets listed under bankruptcy will be considered as fraudulent.

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Which is better - quitclaim or warranty deed?

A quitclaim deed can be used to convey your share of interest in property to anyone who know; for instance, your friend, family member etc. For property transfer and title changes at the time of home buying/selling transaction, using a warranty deed is better as it provides the guarantee that the transferor has legal rights on the property.

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Which is better - Interspousal Transfer or Quit Claim Deed?

If there is a transfer of property between spouses, using an interspousal deed is better than quitclaim.

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Can property be quitclaimed to underage children?

You cannot quitclaim or transfer property to a minor; but you can transfer it to a trust for the benefit of the minor.

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Which is better ? special warranty or grant deed?

A Special Warranty deed provides limited warranty as it protects the grantee against defects in title which may arise during the period of his ownership and not prior to it.A grant deed may be a better choice as it provides full guarantee that the grantor has not conveyed property to anyone else and he hasn't encumbered the property with liens.

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Will transfer by ladybird deed cause Medicaid penalty in Texas?

Property transfer by ladybird or enhanced life estate deed within a look-back period of 5 years from the date when the grantor enters the nursing home will make him ineligible for Medicaid assistance. The ineligibility will continue for a certain period of time depending upon the value of the property transferred.

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How do I remove joint tenant's name from grant deed?

The joint tenant's name can be removed from grant deed by filing an Affidavit of Heirship at the County Recorder's office.

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Which deed can I use to transfer property into living trust?

A trust transfer deed grant deed or a quitclaim deed can be used to transfer property into a living trust. The deed will transfer title from you as an individual to you as the trustee of the living trust.


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