Real Estate Investing

Why a Quitclaim Deed Is Not Enough

The Importance of Title Insurance for Property Transfers

In This Post:

  1. Types of Deeds and Buyer Protection
  2. General Warranty Deeds: Your Highest Protection
  3. Quitclaim Deeds: Your Least Protection
  4. The Role of Title Insurance
  5. Signing an Affidavit for Protection
  6. Protecting Your Family’s Financial Future.

Types of Deeds and Buyer Protection

If you’re thinking about transferring ownership of a property within your family using a quitclaim deed, there are a few things you need to keep in mind to ensure your loved ones are fully protected

General Warranty Deeds: Your Highest Protection

First off, it’s important to understand that not all types of deeds offer the same level of buyer protection. General warranty deeds offer the highest level of protection by guaranteeing that the grantor has the legal right to transfer ownership and that the property is free from any liens or encumbrances, both present and past.

Quitclaim Deeds: Your Least Protection

On the other hand, quitclaim deeds typically offer the least amount of buyer protection. When a grantor uses a quitclaim deed to transfer ownership of a property, they are only transferring whatever interest they may have in the property, if any at all.

This means that the grantee may receive a property with title defects or encumbrances, and the grantor is not responsible for correcting them.

The Role of Title Insurance

Title insurance provides protection against any title defects that may arise after the transfer of ownership, even with quitclaim deeds. If any liens or other encumbrances are found, the title insurance company will work to clear them before the grantee takes ownership.

And if they are unable to do so, the title insurance policy will compensate the grantee for any losses incurred as a result of the liens.

Signing an Affidavit for Protection

In some cases with a quitclaim deed transfer, the grantor may need to sign an affidavit to confirm that any liens found in their name are not their responsibility. This is an important step in protecting the grantee’s interests and ensuring a clear title to the property.

Protecting Your Family’s Financial Future

So, while quitclaim deeds may seem like a quick and easy way to transfer ownership of a property within your family, it’s important to take steps to protect your loved ones’ financial future.

By using title insurance, affidavits, and other legal protections, you can transfer ownership of the property with confidence and peace of mind.

After all, you want to make sure your family is set up for success, not stuck in a financial bind.

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By Dee Lewis

Dee Lewis is the VP of Marketing and Operations for The Funding Clinic; a visionary role in which she puts her experience to use helping businesses reach their goals with effective marketing strategies. From building automations to producing content, Dee stands out as a creative problem-solver who loves what she does.
When she's not working, Dee enjoys spending quality time with her husband and their two furry friends, Sugar and Spice.

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