Remove shadow in the Quitclaim Deed

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Aug 6th, 2022
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How to remove shadow in the Quitclaim Deed

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Hi this is Lee Phillips I want to talk to you for two seconds about a concept called called a quit claim deed. You quit claiming your interest in the property so its called a quit claim deed. Quit claim deeds are often used when youre transferring property in and out of a living revocable trust and it works just fine because the living revocable trust is considered to be you. You are transferring your interest to you. Now I have to talk about quit claim deeds for two seconds. The quit claim deed only says that you quit claiming any interest that you have on the property I can give you a valid quit claim deed for my interests in the White House. Perfectly valid deed. I dont have much interest in the White House so the deed isnt worth a lot but you can give the quit claim deed to whatever interest you have in the piece of property. Now if youre transferring assets to a company like an LLC that youve set up or corporation that youve set up youre not going to use a quit claim de

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No guarantees to the new owner: A quitclaim deed doesnt come with any guarantees from the grantor. There are no assurances that the property is clear of liens and encumbrances, and the onus will be on the grantee to complete a title search if they want one.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
The Quitclaim Deed A quitclaim deed provides the least protection for the buyer, and its uses are very limited. This type of deed simply transfers any interest the grantor might have in the property. It doesnt guarantee that the grantor has any interest to convey.
The only way to reverse a quitclaim deed after it has been accepted is voluntarily, through the cooperation of both parties. For instance, if the grantee agrees, they can execute a new quitclaim deed transferring the property back to the original grantor.
A Quitclaim Deed Affects Ownership and the Name on the Deed, Not the Mortgage. Due to this, quitclaim deeds typically are not used in situations where the property involved has an outstanding mortgage.
A deed is defined as either void or voidable at the time that the deed is executed and delivered. A deed is a type of contract, and if a contract is void, it holds no obligation for either party involved. It is a nullity; it conveys no rights or property and has no legal impact for either party.

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