A quitclaim reality is an facile means to relinquish your absolute estate in California. It is repeatedly used in family affairs such as divorce or transferring a territory or abundance of land from one relative to another. As the eponym implies, a quitclaim point involves one human race, the grantor, forfeiting all of her attention and all approaching claims to a Belongings, and conveying ownership to another male or thing, confessed as the grantee.
California's Quitclaim Deed Requirements
To execute a quitclaim reality in California, you must copy the transfer of detail in the county that the Belongings sits in. The requirements for tape a quitclaim event in California vary depending on the county. Research QuitClaimDeed.com or your county website. for particular directions. In California, quitclaim deeds must be notarized and filed with the community county recorder in conjunction with a Preliminary Replace of Ownership conformation.
Warnings
The grantee assumes all liability for the Belongings after the filing of a quitclaim naked truth.
The grantor makes no promises or warranties to defend the label in a quitclaim naked truth, and a quitclaim circumstance does not warrantly that the grantor is legally considered the owner of the Belongings. It too does not vow that the label is unencumbered, by a customs lien, For instance. The grantee would be contemplative to refer to an attorney before accepting the legal consequences of a quitclaim act.
Mortgages on Quitclaim Deeds
If there is a mortgage on the property, it must be paid prior to transferring the quitclaim deed, or the loan must be refinanced by the grantee in order to make the title free and clear. The quitclaim deed only transfers the grantor's interest in the property.Quitclaim Deed Forms
A quitclaim circumstance configuration is a legal list.Quitclaim event forms can be obtained from any county recorder's office in California, or by purchasing them online from an attorney, forms retailer or office supply store. After completing a complimentary registration, you can also obtain a free quitclaim deed form online at uscourtforms.com. The quitclaim deed form will include the cost of the deed transfer, the name and address of the grantor and grantee, a legal description of the property, the signature of the grantor -- the signature of the grantee is not required -- and a notary stamp to authenticate the document.Mortgage debt cannot be transferred with a quitclaim deed. To transfer a mortgage, the grantee must refinance the home loan in his name. When the refinancing of the loan has closed, the grantor may transfer the mortgage and the quitclaim deed to the grantee.
If the grantor transfers a quitclaim deed in advance of having the grantee refinancing it in his name, with only a binding promise to assume the mortgage later, it should be write. Otherwise, the grantor will still be responsible for the mortgage even though he is no longer holding the title. The lender should be informed well in advance of any changes of ownership to avoid any possibility of defaulting on the home loan.
