Article Structure
Other Popular Quitclaim Deed State Templates
Colorado Quit Claim Deed Joint Tenancy With Right of Survivorship - The form may lack details but serves a specific purpose.
How to Remove Someone From a Deed - When a property is gifted, a Quitclaim Deed can facilitate the transfer without tax implications.
New Mexico Quit Claim Deed - It’s often seen in transactions involving married couples.
Quick Deed Tennessee - This is an effective way to transfer property without a sale process.
Misconceptions
Many people have misunderstandings about the New York Quitclaim Deed form. Here are eight common misconceptions and clarifications regarding this legal document:
-
Misconception 1: A quitclaim deed transfers ownership of property without any guarantees.
This is true. A quitclaim deed transfers whatever interest the grantor has in the property, but it does not guarantee that the title is clear or free of liens.
-
Misconception 2: Quitclaim deeds are only used between family members.
While often used among family members, quitclaim deeds can be used in any situation where the parties agree to the transfer of property, regardless of their relationship.
-
Misconception 3: A quitclaim deed is the same as a warranty deed.
This is false. A warranty deed provides guarantees about the title, while a quitclaim deed does not offer any warranties or protections.
-
Misconception 4: You cannot use a quitclaim deed to transfer property to a new buyer.
This is incorrect. A quitclaim deed can be used to transfer property to a new buyer, but it is advisable to consider the implications of not providing title guarantees.
-
Misconception 5: Quitclaim deeds are not legally binding.
Quitclaim deeds are legally binding documents when properly executed and recorded. They are recognized by law and enforceable in court.
-
Misconception 6: You do not need to file a quitclaim deed with the county.
This is misleading. To ensure the transfer is recognized, a quitclaim deed must be filed with the appropriate county office.
-
Misconception 7: A quitclaim deed can remove a co-owner from the title without their consent.
This is false. All co-owners must agree to the transfer for a quitclaim deed to be valid. Consent is essential.
-
Misconception 8: A quitclaim deed can be used to clear up title issues.
This is not accurate. A quitclaim deed does not resolve title issues; it merely transfers the interest. Title issues must be addressed separately.
PDF Form Details
| Fact Name | Description |
|---|---|
| Definition | A Quitclaim Deed in New York is a legal document used to transfer interest in real property without guaranteeing that the title is clear. |
| Governing Laws | New York Real Property Law, specifically Article 9, governs the use and requirements of Quitclaim Deeds. |
| Parties Involved | The parties involved in a Quitclaim Deed are the grantor (the person transferring the property) and the grantee (the person receiving the property). |
| Recording Requirement | To ensure the deed is legally recognized, it must be recorded with the county clerk's office where the property is located. |
Key takeaways
When filling out and using the New York Quitclaim Deed form, consider the following key points:
- The Quitclaim Deed transfers ownership of property without guaranteeing that the title is clear.
- All parties involved must sign the deed in front of a notary public to ensure its validity.
- It is essential to include a complete legal description of the property being transferred.
- Filing the deed with the county clerk's office is necessary for it to be legally recognized.
- There may be tax implications, so consulting with a tax professional is advisable.
- Ensure that the names of the grantor and grantee are spelled correctly to avoid future disputes.
- Keep a copy of the executed Quitclaim Deed for your records after filing.
New York Quitclaim Deed Example
New York Quitclaim Deed Template
This Quitclaim Deed, executed on this ___ day of __________, 20___, is made in accordance with the laws of the State of New York.
Grantor: _____________, residing at _______________________________.
Grantee: _____________, residing at _______________________________.
This Quitclaim Deed is intended to convey any and all interest that the Grantor may have in the property described below, without any warranty or guarantee:
Property Description:
Address: ____________________________________________________________
City: ______________________ State: NY Zip Code: ____________
Tax Parcel Number: ______________________________________________________
In consideration of the sum of $____________, the Grantor does hereby remise, release, and forever quitclaim unto the Grantee all right, title, interest, and claim in and to the above-described property.
This deed shall be effective as of the date hereof and shall be binding on the Grantor and the Grantee, as well as their respective successors and assigns.
IN WITNESS WHEREOF, the Grantor has executed this Quitclaim Deed as of the date first above written.
Grantor Signature: ____________________________________
Print Name: _________________________________________
Notary Public: State of New York
County of ____________________
On this ___ day of __________, 20___, before me personally appeared _____________ to me known and known to me to be the individual described in and who executed the foregoing instrument, and acknowledged that they executed the same.
Notary Signature: ____________________________________
Notary Seal:
Dos and Don'ts
When filling out the New York Quitclaim Deed form, it's essential to follow specific guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:
- Do: Ensure all names are spelled correctly and match the legal documents.
- Do: Include the correct property description, including the address and parcel number.
- Don't: Leave any required fields blank; all sections must be completed.
- Don't: Forget to have the form notarized before submitting it.