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Commonly Asked Questions about Legal Deeds and Quitclaims

Quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage. After all, it would be difficult for many grantors to pay off a mortgage without proceeds from the sale of the property. In some instances, however, quitclaim deeds are used when the grantor has a mortgage.
In New York, a quitclaim deed just gives the property to the new owner without any promises about the title, except for one small promise under Section 13 of the New York Lien Law. For example, if my wife and I own a house and I want to give my part to my cousin, I use a quitclaim deed.
A quitclaim bill of sale also presents some downsides. Because the bill of sale makes no guarantees at all, a buyer may find themselves owning property that is tied up with liens, or even property the seller didnt actually own at all.
It can be used to release a nominal real estate interest as it can effectively transfer whatever interest the grantor has, regardless of its value. However, a quitclaim deed cannot be used to warrant that a title is valid since it does not guarantee the grantors ownership interest.
In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid. The quitclaim deed carries no covenants or warranties.
But generally, the fee for filing a quitclaim deed form is $125 for residential or farmland and $250 for all other property types. Find the New York county clerks office for the county in which the property exists to look up the exact filing fees for your purposes.
Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circumstances. These include transferring real estate between close family membersfor instance, from a parent to a child.
A quitclaim deed conveys whatever title the grantor holds and gives no warranties or convents, past or future.