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Authority to Release of Deed of Trust

Deed Without Warranty Vs Quitclaim Deed In California

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

Control #:

US-00186

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Instant download

Description

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.

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FAQ

Today, Californians most often transfer title to real property by a simple written instrument, the grant deed. The word “grant” is expressly designated by statute as a word of conveyance. (Civil Code Section 1092) A second form of deed is the quitclaim deed.

A deed, as you know, is the legal document used by property owners to transfer their ownership of the property to a new owner. In California, the vast majority of property is transferred through one of two types of deeds: the grant deed – by far the most commonly used – and the quitclaim deed.

Property Deed Types at a Glance Deed TypeLevel of Protection General Warranty Deed Highest Special Warranty Deed Moderate Quitclaim Deed Lowest Special Purpose Deeds Varies

The key distinctions include: Interest transferred – A quitclaim deed conveys only the grantor's current ownership share, which may be incomplete. A warranty deed transfers the property in its entirety. Warranties and protection – Quitclaim deeds provide zero warranties or protection for the grantee.

A grant deed is a document most commonly used in California to transfer title to real property.

General warranty deeds: A general warranty deed provides the most protection to the buyer but gives the grantor the highest degree of liability. The grantor of a general warranty deed fully warrants good, clear title to the property.

The title is transferred without any amendments or additions. So, if the grantor has what someone would consider a “bad” title, that means the grantee is receiving it as is. Therefore, quitclaim deeds are often used between family members or to simply fix an error in the original title.

While quitclaim deeds do transfer property rights, they do not absolve the grantor of any existing mortgage obligations. This could mean foreseeable foreclosure risks for the grantee if the grantor fails to keep up with mortgage payments.

In California, this is typically handled by title insurance, so warranty deeds are unneeded and potentially confusing. A trust deed or deed of trust is never used to transfer ownership (not even to a trust).

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Filing a quitclaim deed is relatively easy in California. First, you need to make sure you fill out the quitclaim deed properly and get it notarized.Unlike warranty deeds, quitclaim deeds do not offer a guarantee that the grantor has a clear title or any ownership rights to the property. Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property, if any. No Warranty: Unlike warranty deeds, quit claim deeds do not provide any guarantee about the property's title status. Warranty deeds and quitclaim deeds are both deeds used to transfer ownership of property, but a warranty deed comes with certain legal guarantees. A quitclaim deed conveys whatever interest the Grantor has in the property, if there really is any interest, and may not be a deed with any effect at all. Warranty Deed: This protects the purchaser against all defects in the title and may cover certain specific promises of the seller. Whether or not explicitly expressed in the deed. Unlike warranty deeds, quitclaim deeds offer zero buyer protection.

Deed Without Warranty Vs Quitclaim Deed In California

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Which deed is the most common one used to convey property in California?

What is the most commonly used deed to transfer property in California?

What is the best deed to transfer property?

Is a non warranty deed the same as a quit claim deed?

Which of the following is the most widely used deed in California?

What is the strongest form of deed?

What is the usual reason for using a quitclaim deed?

What are the dangers of a quitclaim deed?

Why are warranty deeds rarely used in California?

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