Have Annie Tyler, Notary Public, Notarize Your Quitclaim Deed
A quitclaim deed is a legal instrument by which the owner of a piece of real property, called the grantor, transfers his interest to a recipient, called the grantee. The owner/grantor terminates (“quits”) his right to the property, thus allowing the receipient/grantee to to claim it.
Quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice-versa) or in other special or unique circumstances.
Also Available in Saratoga and in Almaden/ Blossom Hill Area
Call Annie Tyler at 408-960-9224.
Annie Tyler, Notary Public Can Notarize Quitclaim Deeds, Often Used for Intergenerational Property Transfers
Grantee of Quitclaim Has No Warranty of Receiving an Interest
Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title. The grantee is entitled only to whatever interest the grantor actually possesses at the time the transfer occurs. This means that the grantor does not guarantee that he actually owns the property at the time of the transfer, or if he does own it, that the title is free and clear.
It is therefore possible for a grantee to receive no actual interest, and – because a quitclaim deed offers no warranty – to have no legal recourse to recover their losses. Further, if the grantor should acquire the property at a later date, the grantee is not entitled to take possession, because the grantee can only receive the interest the grantor held at the time the transfer occurred.
Quitclaim Deed Quite Different than Grant Deed
In contrast to the Quitclaim deed, other deeds used for real estate sales (called grant deeds or warranty deeds, depending on the jurisdiction) contain warranties from the grantor to the grantee that the title is clear and/or that the grantor has not placed any encumbrance against the title.
Quitclaim Deeds Used in Family Situation
Because of this lack of warranty, quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice-versa) or in other special or unique circumstances.
Quitclaim deeds are rarely used to transfer property from seller to buyer in a traditional property sale; in most cases, the grantor and grantee have an existing relationship or is the same person.
Notary Rules for Notarizing Quitclaim Deeds
The rules are quite specific for the notary-public notarizing a quitclaim deed, or other real property document, even as to a signator who has no right thumb. See the instruction below from the California State Notary Handbook. You can depend on Annie Tyler, Notary Public, to know the rules and to do her work with meticulous care.
"If the document to be notarized is a deed, quitclaim deed, or deed of trust affecting real property or a power of attorney document, the notary public shall require the party signing the document to place his or her right thumbprint in the journal. If the right thumbprint is not available, then the notary public shall have the party use his or her left thumb, or any available finger and shall so indicate in the journal. If the party signing the document is physically unable to provide a thumb or fingerprint, the notary public shall so indicate in the journal and shall also provide an explanation of that physical condition."
Annie Tyler, Notary Public
Mobile Notary Service throughout San Jose CA including the areas of Almaden Lake Park,Santa Teresa, Silver Creek, Evergreen Valley, Basking Ridge, Almaden Valley, and Blossom Valley.
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