US Legal Forms
Authority to Release of Deed of Trust

Quick Deed Vs Warranty Deed In Santa Clara

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

County:

Santa Clara

Control #:

US-00186

Format:

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

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.

A general warranty deed must include the following to be valid: The name and address of the seller (called the grantor) The name and address of the buyer (called the grantee) A legal description of the property (found on the previous deed) A statement that the grantor is transferring the property to the grantee.

Quitclaims, waivers, or releases by employees are generally looked upon with disfavor and are commonly frowned upon by the courts, since they are usually contrary to public policy, ineffective, and are meant to bar claims to an employee's legal rights.

If you think a quitclaim deed may be appropriate for you, consult an estate planning attorney. They can draft a quitclaim deed for you transferring ownership of the real property from the grantor (or property owner) to the grantee (person receiving the interest). You should sign the deed in front of a notary public.

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.

The grantor, the person giving away the property, gives their current deed to the grantee, the person receiving the property. The title is transferred without any amendments or additions.

Who prepares the quitclaim deed form? In divorce cases, a quitclaim deed is typically prepared by an attorney, a title company, or a real estate professional. Although the deed itself may seem straightforward, it's crucial to have it drafted correctly to avoid potential legal complications down the line.

Title searches, examinations, closings and policy production are, ordinarily, performed by non-attorneys. Non-attorney title professionals are permitted to prepare form deeds provided that they are instructed to do so by a licensed realtor or attorney.

(California Government Code §§ 27201, 27289, 27285, 27287, 27288; C.C. § 1189.) After proper notarization, the quitclaim deed can be recorded at the Local County Recorder's office, typically either in person or by mail when the appropriate fees are included.

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.

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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.A warranty deed and a quit claim deed are both legal documents that can be used to transfer ownership of real property. Unlike warranty deeds, quitclaim deeds do not offer a guarantee that the grantor has a clear title or any ownership rights to the property. A warranty deed and a quitclaim deed are two different types of real estate deeds that individuals use in property transactions based on their legality. A quit claim deed is a simpler and lower cost conveyance often used when a property transfers ownership without being sold. 1. Ask the current owner for a copy of the deed. To complete a quitclaim deed, you will need the original deed to the property. No Warranty: Unlike warranty deeds, quit claim deeds do not provide any guarantee about the property's title status. In this video I'm going to take you through the process of how to put together a warranty deed and a quick claim deed.

Quick Deed Vs Warranty Deed In Santa Clara

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Which deed is the strongest?

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