Quitclaim deed is a type of deed that offers no warranty to the status of the property title. It is no guarantee that the deed is valid or that ownership was allowed to be given to the new titleholder. We recommend not using quitclaim deeds, and we do not offer them at our law office. This is because we have found that title companies do not allow and will not accept quitclaim deeds in any circumstance.
If you are planning to sell your home 20 years after a quitclaim deed, you might have to redo the entire contract under a special warranty deed. If the person you purchased it from has passed, a quitclaim can be complicated and unnecessary.
*We do clean up title issues and help establish a chain of title where previously a quitclaim deed would be necessary. The price above is for a special warranty deed.
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With a quitclaim deed, you have no legal recourse if you incur losses for purchasing the property. Through a clouded title or title error, the property it is deemed not yours. You would not have legal recourse to get your money back for that property. For example: You paid $80,000 for a property with a quitclaim deed. Then it was discovered by chain of title that you were not the owner. You would have no way to get the $80,000 back!
Quitclaim deeds are sometimes used for sheriff sales or as tax deeds. In those instances for a short period of time, the property is owned by the state. There is no need to warranty the property “free and clear.”
People used quitclaim deeds more frequently in the past for gifting to family or placing a property under a business entity. Due to the complications and discrepancies, quitclaim deeds are discouraged and not widely used. We recommend that if you want your deed to be valid, you do not use a quitclaim deed.
If you are purchasing a property with a quitclaim deed on the title, please go through a title company. Contact us to ensure the validity of the deed for purchase of the property. It is risky to purchase a home that currently has a quitclaim deed on the title. Quitclaim deeds are considered useless in terms of what the contract can uphold and protect. Insurance companies usually refuse to work with these deeds to insure the home.
We do not recommend purchasing a property with a quitclaim deed on the title. Please contact a title insurance company or contact us just check the validity of the quitclaim deed.
Contact us to see if we can transfer the property do a new type of deed. It is also best to contact the title insurance company to also see what remedies they advise.
No, and we do not prepare them at our office.
We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.
Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.
We are a San Antonio Real Estate Law firm that offers fixed fee rates for a variety of legal transaction services, including Owner Finance & Wraparound Closings, Foreclosures, Deeds & Releases, Real Estate Contracts, Title Issues & Judgments, Wills & Estates, Probate & Administration, & LLC Formations. If you need help assessing your case give our office a call.
Victor has been doing real estate transactions as a lawyer since 2002 & as an investor himself since 2003. There are a lot of nuances with real estate & we hope that if you have any questions to contact us during regular business hours. Along with being a Real Estate Attorney, Victor is also a Real Estate Broker, making his expertise long standing & efficient.
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Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230
Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230
Fields marked with an * are required
Located on IH-10 Between Huebner & De Zavala off Woodstone: 11815 W IH-10 #107, San Antonio, TX 78230