Definitions/Quit Claim - Warranty

 

There are two basic types of deeds: a warranty deed, which guarantees that the grantor owns title, and the quit claim deed, which transfers only that interest in the real property which the grantor actually has.  The only type of deed that creates "liability by reason of covenants of warranty" as to matters of record is a general warranty deed. A quit claim deed contains no warranties and the seller doesn't have liability to the buyer for other recorded claims on the property.  The purchaser takes the property subject to existing taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way and easements of record.  However, a person who obtains a mortgage is still liable for mortgage payments after executing a quit claim deed on the property securing the mortgage.  The quit claim is often used among family  members or from one joint owner to the other when there is little question about existing ownership, or just to clear the title.  A written document for the transfer of land or other real property from one person to another.  A quit claim deed conveys only such rights as the grantor has.  A warranty deed conveys specifically described rights which together comprise good title.  If the property is owned jointly, all owners must consent to the transfer.  You cannot force a joint owner sign an instrument such as a quit claim deed that would result in the forfeiture of the joint owner's interest in the property.

Victoria J. Daniels · Register
301 N. Main St. · Old Courthouse 1st Floor · Adrian, MI 49221
Phone: (517)264-4538 · Fax: (517)264-4543