Table of Contents:
- How to File a Quitclaim Deed in Indiana
- How to File a Quick Claim Deed in Pennsylvania
- How to Fill Out Quick Claim Deeds in Illinois
- How to Fill Out a California Quitclaim Deed
- How to File a Quit Claim Deed in Florida
- How to File a Quit Claim Deed in Arizona
A quitclaim deed transfers ownershp rights in real estate without guaranteeing the recipient a clear title. Filing a quitclaim entails notarizing signatures, paying fees and filling out accompanying paperwork. Because filing a quitclaim doesn't assure the grantee validity of the property title or that it is free and clear of liens, mortgages and other encumbrances, this method of transferring ownership is often used among family members.
Obtain a quitclaim deed form from the county recorder, a real estate title company or escrow company. Whether using a template or drafting your own, the same basic information must be recorded: parties' legal names, date of transfer, property address and description, and signatures. The county recorder can advise of special inclusion specific to the county. The party releasing ownership is called the "Grantor." The party receiving ownership is called the "Grantee."
Complete the form by entering the filing date, name and address of the grantor and grantee, price of the conveyance, and the property's address. Include a legal description of the property. Legal description is more than the address. It includes the Assessor's Parcel Number (APN) and physical description of location. A surveyor's report might be necessary to accurately describe vacant land or properties with no address.
Notarize the document document. Notary publics must acknowledge each signature per document. Expect costs to start at $10 per acknowledgement. Fees increase for mobile notary publics. Some banks offer free notary to clients.
File the completed and notarized deed with the recorder's office. Pay the recording fee. Monroe County fees are $16 for the first page and $2 for each additional page. Additional fees include notary, affidavits, and recording disclosure fees. Cash and checks are accepted. Confirm with the county recorder who to make the check payable to.
To file a quitclaim deed in Pennsylvania, sign a quitclaim deed form that contains a legal description of the property, add the grantee's Certificate of Residence and have all signatures notarized. Then, pay the transfer tax if necessary and record the deed in the recorder's office of the county in which the property is located.
A quitclaim deed is sometimes erroneously called a quick claim deed. This kind of deed is used to convey an interest in real property that makes no guarantees about title. It simply transfers to a grantee whatever interest the grantor may have in the real property.
This means that there is a risk to accepting a quitclaim deed from a stranger. However, quitclaim deeds are effective ways to transfer property interests in families or between co-owners. Quitclaims are often used to:
- transfer property title from community property to joint tenancy
- transfer property into a revocable living trust
- transfer property from a spouse to the other after a divorce
- transfer a co-owner’s interests to another co-owner
- transfer property you currently own yourself into co-ownership with someone else
Pennsylvania Quitclaim Deed Laws
State statutes provide that whenever a Pennsylvania deed uses the words “release and quit claim,” this means that the grantor (making the deed) is releasing to the grantee all her right, title and interest in the property.
The laws specify that after signing a quitclaim deed, the grantor does not have any further legal claim to the property. Since a quitclaim doesn't use the words “grant and convey,” the grantor does not warrant that the estate is free from encumbrances, liens or mortgages.
Preparing and Filing a PA Quitclaim Deed
In Pennsylvania, the person making a quitclaim deed signs it before a notary. The grantee signs a Certificate of Residence listing his name and address. This must accompany the quitclaim deed and the signatures must also be notarized.
Under Pennsylvania law, the deed must be recorded with the recorder of deeds in the county where the property is located. If the quitclaim deed isn't recorded, it is considered void on behalf of a future buyer who doesn't know about the quitclaim.
Pennsylvania imposes a real estate transfer tax that must be paid at the time the quitclaim is filed, but various exemptions apply. For example, transfers between family members are exempt, as well as transfers to or from a living trust or transferring property under a will.
In some cases, you also have to file a Realty Tax Statement of Value form along with your deed. For example, you have to do this if you claim a transfer tax exemption other than for an intrafamily transfer, i.e. transfers between spouses, parents and children, grandparents and grandchidren, and siblings. Get the form and instructions from the Pennsylvania Department of Revenue website.
Many counties impose their own additional tax, so check before you go to record. The amount of the tax is based on the value of the property being transferred.
A quitclaim deed, sometimes mistakenly called a "quick claim deed," can be used in Illinois to transfer property. Certain information must be included in it.
Limitations of Quitclaim Deeds
Illinois quitclaim deeds are typically used when property is being transferred between parties who know each other well. Quitclaim deeds make no guarantees that the land is free from debt, liens or other obligations, so they're not appropriate when you're selling property to someone you don't know. These deeds generally record transfers made between spouses or family members. If you accept property from an unknown individual via a quitclaim deed, you can't force the grantor to defend your right to title if problems later arise.
Get a Deed Form
Ask your local county records office for a quitclaim deed form. You can either fill out the form or use it as a reference for drafting and filling out your own deed.
Name the Parties to the Deed
Identify each party and declare that you are conveying title to the land. If you're giving the land, you would write, “I, [your name and address] (hereinafter “Grantor”), for the consideration of [insert dollar amount paid for title] hereby convey and quit claim to [grantee’s name and address] (hereinafter “Grantee”) all interest in [property address including county].”
Describe the Property
After you've identified the grantor and the grantee, give the address of the property. You'll also have to include a section that details its “legal” description. You can usually find this formation on the original deed to the property, or contact your county records office for the property's plat and survey records. Copy the description word for word.
Have the Deed Notarized
Take the document to an Illinois notary public to have your signature witnessed. Illinois normally only requires that the grantor sign and date the deed, but check with the clerk of the county where the property is located to make sure.
File the Deed
Take the completed quitclaim deed to the county land records office and file a copy. This puts other people who may be interested in the property on notice that title now rests in the grantee. Retain a filed copy for yourself and give one to the grantee.
Obtain a blank form of a quitclaim deed for use in California. Many of the county recorder websites have forms for downloading, such as the Recorder for the County of Ventura. A form could also be obtained from a real-estate agent or stationary store.
Fill in the identifying information for the grantee---the person to whom the property is being quitclaimed. This is for two purposes--to have the original quitclaim deed returned to the grantee and to have future property tax statements sent to the grantee.
Insert the assessor's parcel number near the top of the form where it has a blank space after "APN." This number can be found on a tax bill for the property or other deed, such as a grant deed, for the property.
Calculate the documentary transfer tax and insert the amount where indicated near the top of the form. The tax is based on the value of the property, and the formula for determining the tax can be obtained from any county recorder or the recorder's website. However, depending on the reason for recording the quitclaim deed, you may be exempt from the tax. A Notice of Exempt Transactions can be obtained from the recorder's office. If one of the exemptions applies to your transaction, insert the exemption on quitclaim deed where the tax would have been inserted.
Insert the name of the grantor at the end of the first line following the preprinted phrase: "FOR VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, I (We)..." Insert the name of the grantee after the pre-printed phrase: "hereby remise, release and quitclaim to ..." Insert the name of the city and county in the spaces where indicated.
Fill in the legal description of the property in the blank area above the signature line for the grantee. Recheck the description after you insert it. If the legal description is not accurate, you will not be transferring all of the property and will have difficulty transferring it in the future.
Review the information in the quitclaim deed. Florida law requires the deed to list the name and address of the grantor (the person giving away title) and the grantee (the new owner). The deed must state that the grantor "releases and forever quitclaims" all interest in the property. It must then describe the property by listing its location and other information such as the plot and tract number.
Ask the grantor to sign the deed in the presence of a Florida notary public. Arrange for two witnesses to observe this signing.
Notarize the deed.
Bring the notarized deed to the land records office in the Florida county where the property is located. Give the deed to the clerk and ask it to be "recorded." Pay the applicable fee ($10 for the first page, as of 2010). Contact the Florida property record office for the most current fees.
In Arizona as in other states, a quitclaim deed is used to transfer or release ownership of real estate. In order to be effective, the quitclaim must be signed in the presence of a notary by the person transferring or releasing his ownership interest. This is a common practice in divorces or other efforts to clear title to property. The person benefiting from the quitclaim must file the deed with the county recorder's office in order for it to be effective. Preparing and filing a quitclaim deed in Arizona may also require filing an affidavit of property value, unless an exemption applies.
Obtain a blank quitclaim deed form that is used in Arizona, which may be available for downloading from your county recorder's website, such as Greenlee County's (see References for a link). Forms also are available from an office supply store or a title company.
Fill in the top part of the form under the preprinted phrase "when recorded mail to" with the identifying information for the person who is benefiting from the quitclaim deed – i.e., the person to whom the property is being quitclaimed. This ensures that the quitclaim deed is returned to the proper person after it is recorded and that future property tax bills are sent to right person.
Fill in the name of the person quitclaiming the property after the preprinted phrase: “KNOW ALL MEN BY THESE PRESENTS: That I (we) …” Fill in the name of the person benefiting from the quitclaim after the preprinted phrase "…hereby remise, release and quitclaim to ..." The county name and state should be inserted in the spaces where indicated.
Insert the property's legal description in the area above the signature lines. Double-check the legal description to ensure its accuracy. An inaccurate legal description will cause difficulty in transferring the property in the future.
Take the filled-out quitclaim deed to a notary public and have the person quitclaiming the property sign the deed in the notary's presence. The deed cannot be filed with the county recorder's office unless it is notarized.
Take the original quitclaim form to the county recorder's office for filing. The recorder will require a filing fee to be paid before it is accepted for recording. The fee may vary somewhat among counties. Most county recorder websites will have the fee information available.
If your quitclaim deed is part of a transaction in which there is more than a nominal payment or other consideration, you may have to file an affidavit of property value along with the quitclaim deed. The affidavit assists the county tax assessor in valuing the property for property tax purposes.