Warranty Deed Vs Quitclaim Deed For Property In Virginia

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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

Warranty Deeds A warranty deed offers the same promises as a grant deed, and then some. The owner of a property is guaranteeing that they have the full right to sell and transfer the property, and that the property is clear of any present or future claims, such as liens and taxes.

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.

The easiest and cheapest way would be for owner to transfer by using a ``quitclaim'' deed where they are the grantor and the children are the grantees. A real estate attorney or title company can prepare the deed for around $100.

The safest type of deed is a warranty deed, which gives complete assurance that the grantor has every legal right to grant ownership to the grantee. On the other hand, a quitclaim deed transfers ownership without any legal guarantee or warrants that there are no encumbrances or liens on the property.

Va. Code § 55.1-363 lays out the specific terminology that quitclaim deeds should use to be clear and legally binding. The document should state that the grantor has or does “remise(d), release(d), and forever quit(ted)claim all his claims upon the said lands to the grantee.”

General warranty deeds give the grantee the most legal protection, while special warranty deeds give the grantee more limited protection. A quitclaim deed gives the grantee the least protection under the law.

If you wish to remove someone from a deed, you will need their consent. This can be done by recording a new deed, which will require their signature. If the person in question is deceased, you will need their death certificate and a notarized affidavit along with the new deed.

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.

More info

Warranty deeds are the safer option when buying property versus simply transferring ownership. Most buyers will want this option.A quit claim deed is a simpler and lower cost conveyance often used when a property transfers ownership without being sold. A quitclaim deed, also known as a non-warranty deed, is the most basic type of deed and offers no warranties from the seller to the buyer. Unlike warranty deeds, quitclaim deeds offer zero buyer protection. The distinctive feature of a Quitclaim Deed is that it offers no warranties or guarantees regarding the quality of the title being transferred. 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. The name quit claim deed form refers exclusively to the warranty of title providedor, in this case, not providedin the deed. Quitclaim Deeds are simple and straightforward, making them fast to execute. A warranty deed provides guarantees of clear title to real property and that the current owner has the legal right to sell it or transfer it to another party.

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Warranty Deed Vs Quitclaim Deed For Property In Virginia