Free US Law Dictionary
BETA
Quit Claim Deed
A quitclaim deed is a term used in property law to describe a document by which a person (the "grantor") disclaims any interest the grantor may have in a piece of real property and passes that claim to another person (the grantee). A quitclaim deed neither warrants nor professes that the grantor's claim is actually valid. By comparison, a grant deed (or in some U.S. States, a warranty deed), which is normally used for real estate sales, contains certain warranties that vary from state to state. Quitclaim deeds are sometimes used for transfers between family members, gifts, placing personal property into a business entity, or to eliminate clouds on title, or in other special or unusual circumstances.
An example of a circumstance where a quitclaim may be used is where one spouse (grantor) is disclaiming any interest in property that the other spouse (grantee) owns. A quitclaim deed would typically be used in this circumstance.
Another common form of deed similar to a quitclaim deed is the tax deed, which is used by government authorities when selling properties seized for nonpayment of taxes, as the authority will not promise that the buyer will obtain clear title to the property. It may be possible to obtain such assurances, for a fee, from a title insurance company or an attorney who performs a title search.
Of the different types of deeds, the quitclaim has the least assurance that the person receiving it will actually get any rights. In most common law jurisdictions, a quitclaim deed is not technically considered to be a deed at all, and, in some jurisdictions, a buyer who receives a quitclaim deed may not be considered a bona fide purchaser for value unless the quitclaim deed meets certain requirements. It fails to meet all five traditional tests of a true deed found in common law. Instead, it is considered to be an instrument of estoppel, which means it estops or prevents the grantor of the quitclaim deed from later claiming that he or she has an interest in the property. Title companies may be unwilling to issue title insurance based on a quitclaim deed; thus, quitclaim deed holders may have to obtain further proof that a bona fide sale occurred or institute a "quiet title" action in a court to obtain clear title.
The grantee in a quitclaim deed (or a grant deed or warranty deed) receives no better title than what the grantor possessed.
A quitclaim deed does not release the party quitting claim to real property from their obligations under any mortgage or other lien secured against said property.[citation needed] The most accessible means of being released from one's obligations under a mortgage pursuant to the execution of a quitclaim deed is through refinancing. The party to whom the property was conveyed must refinance the property using their own income, assets and credit, and may not use the income, assets or credit of the party who has quit claim.
Las Vegas Man Charged With Forging Quit Claim Deed To Home Into His Own Name; Transfer Dated Nine Months After Owner's Death
In Las Vegas, Nevada, KLAS-TV Channel 8 reports:[Calvin] Wynn proclaims he is innocent of six felony charges relating to a real estate transaction in 2006...
Investigative Report: Firm Uses Quit Claim Deed Home Transfers Into Trusts As Part Of Loan Modification Efforts
In San Diego, California, an investigative report by the San Diego Union Tribune attempts to shine light on one area loan modification firm:[E]dmundo Rubi now does business under the names Apocalypse Trust and Amerisian Trust...
Quit Claim: Scams in prime time.
You know that a new topic has hit the big time when Law & Order gets hold of it. In the lead-up to the settlement of the writers strike, NBC threw their hat into the ring concerning the current “ripped from the headlines” plot on Law & Order...
Heirs Of Deceased Illinois Homeowner Claim Deed Theft; Accuse Cousin Of Stealing Title To House
"Time of Performance Clause" Does Not Merge Into Deed Upon Closing For Purpose of Breach of Contract Claim in Real Estate Transaction
In a case of first impression in Alabama, the Court of Civil Appeals held that a "time of performance clause" in a real estate contract did not merge into the final deed upon delivery...
Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
What are the differences between legally defined Assault, Battery, Conversion, and Trespass?
assault...
Can I be fired for working a second job?
sadly you can be fired for anything thats not discriminatory, so yeah you can.

Can a former employee use photographs of jobs completed whie working for me in marketing material for a new business?
There are several issues here
1. Sub contractor started up a compe...
I have worked for this employer for only three weeks. The employer makes up his own rules as to what he chooses to report for the purpose of property taxes. He tells me to "let them come after us". He defines Entertain
He arrogantly insists, "let them come after us." Well, if you are invo...
Is it legal for a company to overwork their employees?
Well, he could 1. Get a new job. Sister, I understand ya, if he's anything ...
What are the differences between legally defined Assault, Battery, Conversion, and Trespass?
assault...
Can I be fired for working a second job?
sadly you can be fired for anything thats not discriminatory, so yeah you can.















