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Quit Claim Deeds 101

Posted on in Real Estate Law

quit claim deeds, general warranty, Will County quit claim deed attorney, land transfer, estate planning lawFRANKFORT AND HOMER GLEN REAL ESTATE DEED ATTORNEY


Conveying title to land often involves far more than many individuals realize. In a typical deed, which is called a general warranty deed, conveying title to real property, such as a house, generally involves a set of “covenants.” These “covenants” are essentially promises from the conveyor of the land to the recipient that the conveyer could be legally liable for if they are not met.

These include the covenant of seisin which means that the conveyor of the property actually owns the property that he or she is conveying; the covenant against encumbrances means that there are liens on the property; the covenant against quiet enjoyment means that the land is protected against third party claims; and the covenant of further assurances means that the conveyor will deliver whatever documents are necessary to make the title good.

Also, there are special warranty deeds that can hold even more specific promises such as how many cars can be parked on the parcel at issue or what purposes of which the parcel is to be used.



So what is a quit claim deed?

While all of these promises are ideal, there are many times where either one cannot convey a title with those lofty assurances or simply does not want to face those potential liabilities. It is for that reason the Quit Claim Deed exists. The quit claim deed is a conveyance of real property that offers no warranties, covenants, or guarantees of any sort.

This is not to say that a quit claim deed is pointless—there can be a conveyance of good title and a strong chance that the land will be transferred and held by the new owner without issue. All the quit claim deed does is remove the legal liability from the conveyor and signals to the new land owner that the conveyor is making no promises as to the quality of his or her title.

What does a quit claim deed usually involve?

A quit claim deed is normally used because it is one of the cheapest options at conveying land. Generally, when a quit claim deed is used, there is not an actual sale of property. Generally, it occurs more in incidences of gifting or restructuring the deed such as adding a new spouse or offspring to the deed. Because none of the normal warranties are considered when using a quit claim deed, it means that a title search is not needed to see if there is valid title and that no title insurance is issued. This saves money for both parties in the actual transfer of title.

As for the actual deed itself, the quit claim deed will have both the conveyor or “grantor” as well as the “grantee” or person receiving the deed. There will also be a legal description of the property that was included in a previous deed that should match exactly so there is no confusion as to what parcel of land is at issue.

The quit claim deed should also be dated and notarized which, while not required in all states, is a good way to prevent the risk of fraud. Additionally, not all states require you to record a quit claim deed, meaning put it on file with the county and/or state’s records office. However, it is highly recommended to do so.

Does a quit claim deed effect my mortgage?

No. A quit claim deed only effects the name on the title of the real property, not the name the mortgage for the property was taken under. Even if the mortgager, meaning the person who took out the mortgage, is no longer the owner or has interest in the property, then he or she will still be liable to the mortgagee for the amount.

In short.

While the quitclaim deed is not the ideal deed for a land transfer, they are both extremely convenient and extremely common. In fact, our office sees more titles transferred through use of quit claim deed than through warranty deeds. Robertson Legal Group, LLC has well over a decade of estate planning and land transfer experience and our attorneys are very skilled at working with clients for their land transfers regardless of what deed is the right fit.

Quit claim deeds can be simple to execute, but using an experienced lawyer is still recommended. Once a quit claim deed has been issued, the effects cannot be reversed without litigation. For that reason, the attorneys at Robertson Legal Group, LLC feel that it is better to be safe than sorry and try to give our clients a good value when working with them on quit claim deeds.



In conclusion, Sean Robertson and Robertson Legal Group, LLC is a boutique law firm concentrating in residential and commercial real estate with an office in South Naperville. Sean Robertson has over 13 years of experience in the areas of Quit Claim Deeds, Real Estate Law, and Estate Planning law.

Sean Robertson and Robertson Legal Group, LLC service the Homer Glen, Frankfort, Mokena, Wilmington, Orland Park, Tinley Park, Lockport, Shorewood, Bolingbrook, Romeoville, Naperville, Plainfield, Aurora, and Oswego areas. We are a bi-lingual law firm and we speak Spanish and English. We can be reached at 815-582-4990 or 630-780-1034, or via online form. Contact our skilled Will County quit claim deed attorneys today.


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