You need to use a quit deed to transfer property & warranty deeds to guarantee clear title.

Preparing your own quit deed or warranty deed in additon to saving money will also allow you to be in control of the process instead of being on someone else’s timetable.

What is a Quit Deed?

If you are selling or transferring property, you will need a quit deed. A quit deed states that the seller(grantor) no longer has a claim to a property. The grantor transfers to the buyer(grantee) all of the legal or equitable rights the grantor has in the property that existed at the time of the conveyance. This instrument transfers property ownership rights without any warranties and does not end an obligation to re-pay any balance.

What is a Warranty Deed?

A warranty deed guarantees the grantor has clear title to a property that is being transferred to a grantee without encumbrances except for any that are recorded and that the grantee will have possession of the property following the transfer.

When Will You Use a Quit Deed?

You will use a quit deed to transfer property ownership rights in the event of many circumstances such as divorce, estate planning or selling real property. Quit Deeds are usually executed between people that already know each other but not always.

In divorce situations, when real estate is involved and one person is going to keep the property, the other person will need to quick claim or give up their portion to the other person.

If you prepare a living trust or some other estate planning tool other than a Will, you will need to transfer ownership of the real property into the trust with a quit deed.

After the forms have been finalized and to make the transfer of property valid, the grantee must file the quit deed with the recorder’s office or real estate office in the county of his state where the property is located.

Okay. My Mother was given a property from a relative (now deceased) by way of a Quit Claim. This was 7 years ago. A man tried to buy it from her. The title company he used refused to insure the deed because the Quit Claim was not yet 15 years old. All title companies around here have similar rules.

Question is this: if my Mother signs the property over to me using a General Warranty Deed, can I then sell it to someone who chooses to go through the title company? In other words, will the General Warranty remedy the problem the title company has with the Quit Claims? I cannot ask them as they are no longer working on the case, and they will not give such advice without exacting a fee. And as I said, a lawyer won’t be involved, so please don’t suggest it.

Thanks.
Real estate guy, the lawyer is the one who drew up the quitclaim. Please pull your head out of your butt.