This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.
Warranty Deed Vs Quit Claim Deed For House In Bexar
State:
Multi-State
County:
Bexar
Control #:
US-00186
Format:
Word;
Rich Text
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FAQ
A quitclaim deed is only valid if both parties willingly performed the property transfer. If there is evidence that the grantor was coerced into filing the quitclaim against their will, this is grounds to revoke it.
Common uses – Typically, quitclaim deeds are used for lower-risk transfers between related parties. In contrast, warranty deeds are used for real estate sales and high-value transactions involving unrelated grantees. Grantee risks – With a quitclaim deed, all risks remain with the grantee.
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
What Is the Strongest Type of Deed? For real estate buyers, a general warranty deed provides greater protection than any other type of deed. While it's the best deed for the grantee, it gives the grantor the most liability.
Moreover, a quitclaim deed does not convey any after-acquired title.
In summary, a quitclaim deed may not be suitable in situations where there is uncertainty about ownership, when a buyer wants protection against potential title issues, when obtaining a mortgage or refinancing, or in certain real estate transactions that require more guarantees and protections.
Quitclaim deeds, therefore, are commonly used to transfer property within a family, such as from a parent to an adult child, between siblings, or when a property owner gets married and wants to add their spouse to the title. Married couples who own a home together and later divorce also use quitclaim deeds.
A deed can only convey what the grantor owns and no more. This is true even if the deed “purports to transfer a greater right or estate in the property” (Prop. Code Sec. 5.003).
Deed or official record: Original deed, warranty deed or deed of trust to the property. A utility bill dated between April 2022 and present, must also be included. Mortgage documentation: Mortgage statement, mortgage promissory note or the closing disclosure form.
It's safer to use a warranty deed any time you are not entirely sure of your or someone else's ownership stake in any property. If you are transferring a property to your child or to a revocable trust agreement as part of an estate plan, then a quitclaim deed could do the trick.
More info
While the deed without warranty sells and conveys the property to the buyer, it's only slightly better than a quitclaim deed. Where quitclaim deeds provide limited security, warranty deeds offer full legal protection to grantees – or buyers – after a property changes hands.A quitclaim deed gives the grantee all of the grantor's rights, whatever those may be. So in this case, you can use a quit claim deed. The General Warranty deed is for typical purchases and sales. The primary difference between a quitclaim deed and a warranty deed is protection. A warranty deed and a quit claim deed are both legal documents that can be used to transfer ownership of real property. The type of deed with the least protection for the grantee is undoubtedly the quitclaim deed. Quit claim deeds transfer real estate from seller to buyer only if the seller has something tangible to transfer. So in this case, you can use a quit claim deed.