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What is a New York Quitclaim Deed?

A New York Quitclaim Deed is a legal document used to transfer real estate ownership from one party to another. It is sometimes referred to as a quick claim deed because the transfer is done simply and there is no title search or title insurance required.

A Quitclaim Deed New York transfers a title but offers no guarantees about the ownership. It merely transfers the owner’s entire interest in the property to the person receiving it. Because there is no actual ownership interest, a person signing a quitclaim deed to transfer property they do not own receives no title at all. Only the type of title you own is transferred with a quitclaim deed.

A Quitclaim Deed New York State is most commonly used when property is transferred without a traditional sale. Examples include when property is transferred between family members (such as parents transferring a home to their children), between married spouses (after marriage when one spouse wants to add the other to the title of his or her separate property), between divorcing spouses (when one spouse will keep the home), or when property is being transferred into a living trust.

A quitclaim deed is also used to clear up title to property, if there is a problem with someone else possibly having ownership right in the property, that person can be required to sign a quitclaim to ensure the new owner has the complete title rights.

Although quitclaim deeds are relatively common and most real estate agents are familiar with them, they are most commonly used in transactions where the parties know each other and are more likely willing to face the risks associated with the lack of buyer protection. They can also be used when a property transfers ownership with no money involved.

Quitclaim deeds are rarely used for real estate sales because the new owner receives no assurances concerning the title’s validity. Since quitclaim deeds offer such limited buyer protection, it’s important to understand exactly what you’re obtaining when purchasing property this way. Here are five key points to remember about quitclaim deeds:

You’re buying the least amount of protection. A quitclaim deed is sometimes known as a non-warranty deed because there are no warranties or guarantees regarding the quality of the title. In situations where the grantor of a quitclaim deed has no interest in the property, the grantee receives nothing in exchange for the deed and has no right of warranty against the grantor.

Accept quitclaim deeds only from people you know and trust. Because quitclaim deeds offer no promise about the validity of the grantor's title, they are best used for low-risk transactions between people who know one another and typically include no exchange of money.

They can be used to clear a title defect. A quitclaim deed is often used to correct a flaw in the recorded history of a real estate title. Title defects usually include items such as issues with wording (on a document that does not comply with state standards), a missing signature (such as that of a spouse), or failure to properly record real estate documents. For instance, if the name of a grantee is misspelled on a warranty deed placed in the public record, a quitclaim deed to the grantee with the right spelling can be executed to complete the title.

They can transfer title as effectively as a warranty deed, but only if the title is in good standing. If the grantor has a good title when the deed is delivered, a quitclaim deed can convey title as efficiently as a warranty deed. It is the lack of any warranties that make a quitclaim deed less appealing.

They affect ownership and the name on the deed, not the mortgage. Due to this, quitclaim deeds are rarely used in situations where the property involved has an outstanding mortgage. However, in some instances, quitclaim deeds are used when the grantor has a mortgage. In this case, even after ownership has been transferred by the execution of a quitclaim deed, the grantor is still liable for the mortgage.

A Quitclaim Deed Template New York typically requires the following information:

The preparer’s name and address
The full name and mailing address of the person to whom the recorded deed should be sent
The consideration paid for the real property
The grantor’s name and status (single, married, or legal entity type)
The grantor’s mailing address
The county where the real property is located
The legal description of the property
The grantor’s signature

A Quitclaim Deed New York State Template should also contain the notary public’s signature, the notary public number, the commission expiration date, and the notary public seal.

Once the New York Quitclaim Deed has been completed, signed, and notarized, it should be filed with the recorder’s office in the county clerk’s office. It’s necessary to record your property so that the chain of title can be preserved for future real estate transactions.

How to fill out a New York Quitclaim Deed?

Using PDFRun, you can electronically fill out and download a PDF copy of the New York Quitclaim Deed PDF in minutes. Fill it out by following the instructions below.

Preparer’s Name

Enter the full name of the preparer.

Preparer’s Address

Enter the complete address of the preparer, including street number, city, state, and ZIP code.

Recorder’s Name

Enter the full name of the recorder.

Recorder’s Address

Enter the mailing address of the recorder, including street number, city, state, and ZIP code.

County

Enter which county in New York.

Consideration Payment

Enter the amount of consideration paid for the real property.

Grantee’s Name

Enter the full name of the grantee.

Property Name

Enter the property name.

Property County

Enter the county where the property is located.

Property Legal Description

Enter the legal description of the property.

Grantee’s Name

Enter the full name of the grantee.

Date

Enter the date both parties signed the form, following the format: Day, Month, Year.

Grantor’s Signature

Affix the grantor’s signature on the first line.

Grantee’s Signature

Affix the grantee’s signature on the second line.

County

Enter which county in New York.

Grantor’s and Grantee’s Name

Enter the full names of the grantor and the grantee.

Date

Enter the date the form was notarized.

Notary Public

Enter the name of the lawyer from the notary public.

Commission Expiration Date

Enter the notary commission’s expiration date.

Frequently Asked Questions About a New York Quitclaim Deed

How do I file a quit claim deed in NY?

A quit claim deed is a legal document that transfers ownership of real property from one person to another. In New York, quit claim deeds are governed by Article 9 of the Real Property Law.

To file a quit claim deed in New York, you must first prepare the deed itself. The deed must be signed by the grantor (the person transferring ownership) and notarized. Once the deed is prepared, it must be filed with the clerk of the county in which the property is located. The filing fee is typically around $30.

Once the deed is filed, it will be recorded and become a matter of public record. The new owner should then receive a certified copy of the deed from the clerk's office.

If you have any further questions about filing a quit claim deed in New York, you should contact an experienced real estate attorney for help.

What clauses should be in a quitclaim deed?

There is no standard form for a quitclaim deed, but there are several key clauses that should be included in order to make the deed effective. These clauses include:

A grantor clause — This clause identifies the person or persons who are signing the deed and transferring ownership of the property.
A grantee clause — This clause identifies the person or persons who are receiving ownership of the property.
A description of the property — This clause should provide a legal description of the property being transferred. This can usually be found on the property's deed or title report.
An express warranty of title — This clause states that the grantor is transferring ownership of the property free and clear of any liens or encumbrances.
A covenant against encumbrances — This clause states that the grantor will not place any new liens or encumbrances on the property after the transfer has been made.
A release of claims — This clause states that the grantor is releasing any and all claims or rights that they may have to the property being transferred.
A delivery clause — This clause states that the deed is effective only when it has been delivered to the grantee.

A quitclaim deed should also be signed by the grantor and notarized in order to be valid. As a guideline, it is always a good idea to have a quitclaim deed prepared by an attorney to ensure that all of the necessary clauses are included. Nevertheless, if you wish to prepare the deed yourself, you can find template quitclaim deeds online or at your local office supply store.

What makes a quitclaim deed invalid?

There are several factors that can make a quitclaim deed invalid. Here are the most common reasons:

The grantor didn't own the property at the time the quitclaim deed was signed.
The grantor can't transfer title to the grantee because of a legal impediment, such as bankruptcy.
The quitclaim deed wasn't properly notarized.
There are outstanding debts or liens against the property that the grantor didn't disclose to the grantee.
The property is subject to easements or rights of way that the grantor didn't disclose to the grantee.
The description of the property in the quitclaim deed is inaccurate.
One or more of the parties to the quitclaim deed lacked the capacity to enter into a binding contract (for example, because they were minors).

These are just some of the most common reasons why a quitclaim deed might be invalid. There may be other reasons as well, so it's always best to consult with an experienced real estate attorney before relying on a quitclaim deed.

Does a deed need to be notarized in New York?

A deed needs to be notarized in New York if it is being used to transfer real property. The deed must be signed by the grantor in front of a notary public, who will then affix their seal. The deed should then be recorded with the county clerk's office.

How much does it cost to file a quit claim deed in New York?

The cost of filing a quit claim deed in New York will vary depending on the county in which you file. Generally, the fee for filing a quit claim deed is around $40. However, it is always best to check with your local county clerk's office to find out the exact fee.

How do I overturn a quit claim deed?

In order to overturn a quit claim deed, you will need to file a lawsuit against the person who holds the deed. The following is the process for doing so:

File a complaint with the court — This involves drafting a document that outlines your grievance and filing it with the court. The document must contain the names and addresses of all parties involved, as well as a description of the property in question.
Serve the complaint — Once the complaint has been filed, you must then serve it to the person against whom you are suing. This can be done by hiring a process server or by sending the document via certified mail.
Attend the hearing — A hearing will be scheduled in order for both sides to present their case. After listening to both sides, the judge will make a decision on whether or not to overturn the quit claim deed.
Follow the court's ruling — If the judge decides in your favor, the quit claim deed will be overturned and you will regain ownership of the property. If the judge rules against you, you will need to vacate the property.

These steps tend to be complicated, so it is important to seek the assistance of an experienced attorney who can guide you through the process and ensure that your rights are protected.

What are the disadvantages of a quit claim deed?

A quit claim deed may have some disadvantages, which include the following:

It might not be properly executed — If the quit claim deed isn't properly executed, it might not be valid.
The grantor might have title defects — If the person who's giving up their interest in the property (the grantor) has title defects, those defects will be passed on to the new owner (the grantee).
It might not convey all the rights of ownership — A quit claim deed only transfers the rights that the grantor has. So, if the grantor doesn't have full ownership of the property (for example, if there's a mortgage), then those rights won't be transferred to the grantee.
It provides no warranties — Unlike other types of deeds, a quit claim deed doesn't come with any warranties about the property. This means that the grantee might not get what they're expecting.

The bottom line is that a quit claim deed can be a risky way to transfer ownership of a property. If you're considering using one, make sure you understand all the potential risks involved.

What are the most common deeds in New York?

There are a few different types of deeds that are commonly used in New York. The most common types of deeds are the following:

Quitclaim Deed — A quitclaim deed is typically used when someone wants to give up their interest in a property, or when the ownership of a property is in question.
Warranty Deed — A warranty deed is the most common type of deed used in New York. This type of deed guarantees that the person who is conveying the property actually owns it and that there are no outstanding claims against the property.
Deed in Lieu of Foreclosure — A deed in lieu of foreclosure is a deed that is given to a lender instead of going through with a foreclosure. This type of deed can sometimes be used to avoid damage to your credit score.
Special Warranty Deed — A special warranty deed is similar to a warranty deed, but it only guarantees that the person who is conveying the property owns it at the time of the conveyance. It does not guarantee that there are no outstanding claims against the property.

These are just a few of the most common types of deeds used in New York. If you have any questions about which type of deed is right for your situation, you should speak with an experienced real estate attorney.

In what situations should a quitclaim deed not be used?

There are a few situations where quitclaim deeds should not be used:

If the property is currently being leased or rented to another party — the quitclaim deed could potentially disrupt the current arrangement and cause legal problems.
If there are any outstanding liens or mortgages on the property — the quitclaim deed will not remove these encumbrances, and they will still need to be paid off before the property can be transferred free and clear.
If there is any doubt about who owns the property or what the chain of title is — a quitclaim deed should not be used until these issues have been sorted out, as it could just complicate matters further.
If the property is subject to any easements or other restrictions — a quitclaim deed will not remove these, so it's important to make sure that any such restrictions are acceptable to the new owner before proceeding.

Finally, it's important to remember that a quitclaim deed does not provide any guarantee about the condition of the property or whether there are any hidden problems with it — so it's always wise to get a professional inspection and/or appraisal before finalizing the purchase.

Is quit claim legal?

A quit claim is a legal document that transfers ownership of property from one person to another. In order to be legally binding, the quit claim must be signed by both parties and notarized. The person signing the quit claim should also have a clear title to the property in question. If there are any outstanding liens or mortgages on the property, they will need to be paid off before the quit claim can be filed.

In the United States, quit claims are often used in situations where family members are transferring ownership of property to one another. For example, a parent may use a quit claim to transfer ownership of their home to their child. Quit claims can also be used in divorce proceedings, as one spouse may sign over ownership of the marital home to the other.

There are some risks associated with using a quit claim, as the person signing it is giving up all legal rights to the property. This means that if there are any problems with the title or mortgage on the property, the person who signed the quit claim will not be able to take legal action against the new owner. It is important to make sure that all of the paperwork is in order before signing a quit claim.

If you are considering using a quit claim to transfer ownership of property, it is important to consult with an experienced attorney. They can review the paperwork and help to ensure that the process goes smoothly.

How does a quitclaim work?

A quitclaim is a legal document that transfers ownership of property from one person to another. The person transferring the property, known as the grantor, gives up all claims to the property and any interest they may have in it. The person receiving the property, known as the grantee, takes full ownership of the property.

Quitclaims are often used in situations where there is some question about who owns a piece of property, or when the owner wants to transfer ownership to someone else without going through a formal legal process. For example, a quitclaim might be used to transfer ownership of a house from one family member to another or to add someone's name to the deed of a home. Quitclaims can also be used to remove someone's name from a deed, such as in the case of a divorce.

Quitclaims are generally quick and easy to create and can be done without the help of a lawyer. However, because they involve the transfer of ownership of property, it is important to make sure that all the relevant information is included in the document and that both parties understand their rights and responsibilities before signing.

In what situations would a quitclaim deed be the most appropriate type of deed to use?

The following are situations in which a quitclaim deed would be the most appropriate type of deed to use:

When the grantor is unsure of their ownership interest in the property or if there are any outstanding claims against the property.
When the grantor wants to convey their interest in the property to the grantee without any warranties or guarantees about the quality of the title.
When the grantor wants to quickly and easily transfer their interest in the property with minimal hassle or expense.
When the grantee is comfortable accepting the property "as is" without any assurances about its condition or title.
When the parties involved do not want or need to go through the formalities of a more traditional type of deed.
When the grantor wants to specifically exclude any type of warranty or liability for the property.
When the grantor is not able to provide a clear and marketable title to the property.
When the grantor wants to disclaim any interest they may have in the property.
When the grantee wants to accept full responsibility for researching the property's title and condition before taking ownership.
In any other situation where the parties involved agree that a quitclaim deed would be the most appropriate type of conveyance.

These are some of the most common situations in which a quitclaim deed would be used. However, there may be other situations where a quitclaim deed would also be appropriate. It is always best to consult with an experienced real estate attorney to determine which type of deed would be best suited for your particular situation.

What are quitclaim and release?

Quitclaim and release are documents that are used to transfer ownership of property. a quitclaim is used to relinquish all interest in the property, while the release is used when there is still interest in the property. These documents are typically used in real estate transactions.

What is the general rule for quitclaim?

The general rule for quitclaim is that it is a release of all ownership rights and claims to a piece of property. This means that the person who signs a quitclaim no longer has any legal interest in the property. A quitclaim can be used to transfer ownership of real estate, personal property, or intellectual property.

To ensure that a quitclaim is legally binding, it must be signed by the person who is giving up their ownership rights. The quitclaim should also be notarized by a licensed notary public. Once the quitclaim has been signed and notarized, it can be used to transfer ownership of the property in question.

There are a few circumstances in which a quitclaim may not be binding. For instance, if the person signing the quitclaim does not actually own the property in question, the quitclaim will not be valid. Additionally, if the quitclaim is fraudulent or contains false information, it will not be binding. Finally, if the property in question is subject to liens or other claims, the quitclaim will not remove those claims.

Overall, the general rule for quitclaim is that it is a legal document that can be used to transfer ownership of property. To ensure that the quitclaim is binding, it must be signed and notarized by the person giving up their ownership rights. There are a few circumstances in which a quitclaim may not be binding, but overall it is a helpful tool for transferring ownership of property.

Who uses a quitclaim deed?

A quitclaim deed is often used in situations where the grantor wants to convey ownership of a piece of property but is not entirely sure of the status of their title. For example, someone who has inherited property may use a quitclaim deed to transfer ownership to another person, without making any guarantees about the quality of the title. In some cases, a quitclaim deed may also be used to clear up any potential claims or disputes over a piece of property.

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Fillable Form New York Quitclaim Deed