Checklist: Preparing and Recording Your Quitclaim Deed Fill in the deed form. Print it out. Sign and get the signature(s) notarized. Prepare and sign an Affidavit of Property Value, if required. Check the recording fees in your county. Record the document at the county recorder’s office.
How do I fill out a quit claim deed?
Use full legal names when you fill out the deed, and describe the property by both address and parcel number. Date and sign in front of a notary. To properly record the quitclaim deed, take the notarized document to the county recorder’s office and file it with the clerk, paying applicable fees.
How much is a quit claim deed in Arizona?
Quitclaim Deed, Beneficiary Deed and Special Warranty Deed – $165. We prepare your deed, record it with the county recorder and pay the recording fee.
What makes a quit claim deed invalid?
If the quitclaim deed requires the signature of all co-owners, the deed is invalid unless all co-owners have signed it and the deed is then delivered to the grantee. For example, in some situations a letter of intent has been declared by a court to be a quitclaim deed.
How long is a quitclaim deed good for?
While there is no time limit on recording a deed or recording required for a quit claim deed to be valid, record all deeds as soon after the transaction as possible. Failure to record a deed could render transfer or mortgaging of the property impossible and create numerous legal difficulties.
Is a quit claim deed safe?
A quitclaim deed is a non-warranty deed, which offers no protections or warranty of the title. While a grantor can transfer property to another person with this type of deed, there are no guarantees that the grantor had the right to do this in the first place.
Does a quit claim deed need to be notarized in Arizona?
Signing: Per § 33-401, the grantor’s signature must be witnessed by a notary public. Recording: Quitclaim deeds in Arizona are filed with the County Recorder’s Office. Along with the form, all necessary fees must be paid. Property owners need to file in the county where the property is located.
What is a quitclaim deed in AZ?
A quitclaim deed is used to transfer a property owner’s interest in the property to another person without any warranties or guarantees as to the condition of the property.
Can Quit claim be challenged?
Though a quitclaim deed is a common way to transfer ownership, it is possible to legally challenge one. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
What is the advantage of a quit claim deed?
Good for internal transfers: Quitclaim deeds make it easy to transfer interest in property among family members or from individuals to a living trust. Legally binding: Despite their simplicity, quitclaim deeds are legal documents that can help provide proof of ownership in a title search.
Can a judge overturn a quit claim deed?
Once a quitclaim is signed and recorded, can the deed be challenged in court? Yes, it can. Recording your deed only provides notice of your ownership claim to the public.
Are there tax implications on a quit claim deed?
Quitclaim deeds are not taxable when they transfer ownership to a spouse or a qualifying charity. Other transactions may be liable to property and gift taxes. The quitclaim process is an easy way to transfer an interest in property where no money changes hands.
Does a deed mean you own the house?
A house deed is the legal document that transfers ownership of the property from the seller to the buyer. In short, it’s what ensures the house you just bought is legally yours.
Does a quitclaim deed mean you own the property?
A quitclaim deed makes no assurance that the grantor actually has an ownership interest in a property; it merely states that if the grantor does, they release those ownership rights. Quitclaim deeds are typically used to transfer property in non-sale situations, such as transfers of property between family members.
Can you remove someone from a deed without their knowledge?
In general, a person cannot be removed from a deed without his or her consent and signature on a deed. A title company will search all transfers to certify the record owners and those with an interest in the property will be required to execute the deed to the purchaser.
Can I refinance without a quit claim deed?
A property owner has the right to file a quitclaim deed, and this may occur without the option of refinancing the mortgage attached to the house.
Where do I submit a quit claim deed?
A quit claim deed should be filed with the Clerk of Court in the county where the property is located. This will involve taking the deed to the Clerk’s office and paying the required filing fee (typically about $10.00 for a one-page quit claim deed).
How do I remove someone from a deed in Arizona?
The only way to forcibly change the ownership status is through a legal action and the resultant court order. However, if an owner chooses to be removed from the deed, it is simply a matter of preparing a new deed transferring that owner’s interest in the property.
What makes a deed void?
When a deed is altered or changed by someone other than the grantor before it is delivered or recorded, and the alteration is without the grantor’s knowledge or consent, the deed is void and no title vests in the grantee or subsequent purchasers, even bona fide purchasers for value; and if the deed is altered after Dec 9, 2014.
What are the cons of a quitclaim deed?
Disadvantage. The great disadvantage for the grantee who takes property using a quitclaim deed is the fact that if events prove that the grantor had no title, or limited title, to the property, the quitclaim deed does not allow the grantee to sue the grantor.
Who can challenge a deed?
The gift deed can be questioned by filing a suit for declaration in the court of law. However, it will be challenged only if the person is able to establish that the execution of the deed was not as per the wish of the donor and was executed under fraud, coercion,misrepresentation etc.
Is there a waiting period to refinance after a quitclaim deed transfer?
There is no waiting period after you have given a deed in lieu of foreclosure before you can file for a mortgage.