Deed Without Warranty Vs Quitclaim Deed In Georgia

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Multi-State
Control #:
US-00186
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Word; 
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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

The quitclaim deed is the lowest and least desirable form of deed. It does not carry with it any after-acquired title. The words of grant for a quitclaim deed, "remise, release, and quitclaim", imply no covenants or warranties of title.

A warranty deed makes a promise to the buyer that the seller has good title to the property. A quitclaim deed, on the other hand, makes no promises. A quitclaim deed just says; whatever interest I have in this property, I give to you.

Warranty deeds are the safer option when buying property versus simply transferring ownership. Most buyers will want this option. If it is discovered that the seller did not have complete ownership of the property, the buyer can sue for breach of warranty.

The Quitclaim Deed: The “quitclaim deed” is the worst type of deed because it conveys no warranty whatsoever that the seller's title is good title or that there are no encumbrances on the property.

Because of the lack of title guarantees, quitclaim deeds are most often used to transfer property between two parties who know and trust each other, such as family members.

A warranty deed offers the strongest protection. It protects the party receiving the property title in case there turns out to be any issues with the title.

A quit claim deed offers the least amount of protection for home buyers. A quitclaim deed does not provide a warranty of title. It does not even guarantee that the person transferring you the land, actually owns the land.

This is because a quitclaim deed offers the lowest level of protection. When writing a quitclaim deed, the grantor isn't offering any protection or warranty to the grantee.

To be considered valid within Georgia, a quitclaim deed must be documented in writing and include several key elements: -The grantor's name and address. -The grantee's (the recipient of the property) name and address. -A detailed legal and physical description of the property, including its county and sale value.

There are only a few steps that are required: The two parties would fill out a deed that includes certain basic information about the parties, properties, and transaction. Both parties would sign the deed and have it notarized. The quitclaim deed is then filed with the local county clerk's office.

More info

Quit claim deeds, also called a non-warranty deeds, are sometimes used to transfer property as well as clear titles. A quitclaim deed is just as valid as a warranty deed; however, the grantor is only transferring their interest in the property.A quitclaim deed is a legal instrument utilized for the transfer of property rights from one individual or entity to another. Both warranty and quit claim deeds transfer property from one owner to another. (If in doubt as to which type of deed to use, an attorney should be consulted.) Also called a non-warranty deed, a quitclaim deed conveys whatever interest the grantor currently has in the property, if any. A warranty deed can be used for most property transfers. A quitclaim deed can transfer ownership to a specific, trusted person. A quit claim deed in Georgia transfers the seller's (grantor) interest in a property over to a buyer (grantee). However, it gives none of the guarantees.

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Deed Without Warranty Vs Quitclaim Deed In Georgia