How to correct a quitclaim deed error?

A quitclaim deed conveys the sellers ownership interest in the property to the buyer with no guarantees of clear title to the property. In contrast, a warranty deed guarantees to the buyer that the seller holds clear title to the property. From a seller’s perspective a quitclaim deed is preferable in that the seller is not providing a warranty of clear title to the buyer. A warranty deed protects the buyer against title defects and is thus preferable to the buyer. If your buyer is getting a owner’s policy of title insurance, that would be sufficient to protect the buyer from defects in title.

Generally, an owner of property and the potential purchaser would use a Quitclaim Deed when there is no need to warrant or guarantee that the property is free and clear of liens. In other words, the seller does not warrant and guarantee that the property is free and clear of any and all liens. A common use would be when the property has been in the family and the transfer of the property is between family members knowing that there are no liens on the property and all taxes have been paid on the property.

You probably want an attorney to review the deed and make sure it looks ok. You also want an attorney to help you with completing the Preliminary Change of Ownership Form (used by county to determine reassessment of taxes). If all of that looks good, then you want to record the deed with the county recorder. I can review deed and help with Preliminary Change of Ownership Form for $295. Same Day Service.

A quitclaim deed typically maintains its validity over time, but there are key factors to keep in mind: Proper Execution: To ensure the quitclaim deed remains valid, it must have been correctly executed when your late uncle transferred the property to you. This usually entails the presence of a notary public or witnesses and adherence to your state's legal requirements for deed execution. Recording: For safeguarding your interests and confirming the deed's legitimacy, it should be officially recorded with the relevant government office, often the county recorder's office. Recording serves to establish a public record of the property transfer.

The amount of the filing fee varies from county to county. You can call the office of the recorder of deeds for your county to find out the correct amount.