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Quitclaim Deed/More Info


Quitclaim Deed 
Additional Information 
Title Issues 
Before accepting a deed, no matter what kind it is, the transferee should be fully aware of the extent and condition of the interest he or she is receiving.  This can only be accomplished by a thorough review of the title to the property being transferred.  Such a review is best made by a title company or a lawyer familiar with the real estate laws and practices where the real estate is located.  If the review is made by a title company, it should then be willing to issue a title commitment.  

A title commitment is a legally binding promise by the title company to issue an insurance policy protecting the transferee against defects in the title to the property, subject to exclusions and exceptions noted in the policy. The transferee should then consult with the attorney to determine what steps should be taken to clear up any defects in the title, or make other arrangements to protect the transferee's interest. 

Preparing Deeds 
Some additional information is helpful in completing the Home and Business Attorney Quitclaim Deed and other kinds of deeds:   
-Names - Be sure the names of the transferor and transferee are properly spelled out.  If a name used varies from a form used on a previous deed related to the same property, such as due to a marriage or divorce, note that.  Identify whether each party is single, married, or widowed, whether the execution of the deed is by an attorney-in-fact (i.e., an agent for one of the parties), or other special circumstances.  If the transferor is married, even though the property is held in his or her name alone, the signature of the spouse is essential to convey the marital interest provided by law.   
 
-Legal description - Make sure that the legal description of the property is accurate.  The method of describing property varies from state to state and from location to location.  Descriptions may be by metes and bounds, by survey reference, or by reference to a book and page of a plat.  Check with the county recorder of deeds for a copy of previous deeds related to the land if necessary.  You can simply attach a photocopy of the legal description to the deed, as long as you refer to the photocopy exhibit in the body of the deed document.   

-Corporations - In most states, attestation (i.e., signature) by the corporate secretary is not necessary to complete a corporate conveyance. However, it may be required by the corporation's articles or bylaws.  If a corporation is a transferor, it is also wise to prepare the appropriate corporate resolution authorizing the corporate officer to execute the deed.  If a corporation has a seal, an imprint of that seal should be affixed to the deed.  In most states, where the seal is missing, it is acceptable to draw a circle and hand write the words "Corporate Seal".  Also note that in most states, a deed of conveyance from a corporation that has forfeited its charter, often for the failure to pay taxes or file reports, is void.  Transferees should request a certificate of good standing from the secretary of state in the state where the corporation is formed to insure that the transfer is effective.   

-Partnerships - The Uniform Partnership Act, now enacted in almost every state, permits a partnership to hold title to real estate in its own name.  It is usually appropriate for a partnership resolution to be prepared authorizing the conveyance and execution of the deed.  The partnership agreement should be reviewed to make sure that the conveyance of property complies with the terms of that agreement.   

-Witnesses - A minority of states require that the execution of a deed be witnessed, as well as notarized.  Check with a local attorney or the local recorder of deeds to find out if witnesses are required. 

-Execution - Most states require that the signatures on a deed must also be accompanied by a corresponding typed, printed, or stamped name under the signature itself.  Even where this is not required, it is always good practice.   

-Acknowledgment - Most states have particular requirements as to the form of acknowledgment.  The form included with Home and Business Attorney Quitclaim Deed should satisfy the requirements of most states.  Your local recorder of deeds or business stationery store can probably supply you with the statutory form of acknowledgment used in your state if needed.   

-Delivery - To be effective, a deed must be delivered during the lifetime of the transferor.  However, delivery to a third party as agent for the transferee, or for eventual delivery to the transferee, usually will suffice.  Also, recording the deed should constitute delivery.  In fact, the law in most states assumes that no delivery has taken place if a deed is not recorded, and is later found in the possession of the transferor at the time of his or her death.  Recording is done at the county offices in the county where the land is located.  That office may be called the Recorder of Deeds, Office of Public Records, or similar name.