Content Overview
Guide to Writing New York Quitclaim Deed
After completing the New York Quitclaim Deed form, it is important to ensure that all information is accurate and that the document is properly executed. Once filled out, the form must be signed and notarized before being filed with the appropriate county clerk's office.
- Obtain the New York Quitclaim Deed form from a reliable source or the county clerk's office.
- Fill in the names of the grantor (the person transferring the property) and the grantee (the person receiving the property) in the designated fields.
- Provide the property description. This should include the address and any relevant details that identify the property being transferred.
- Include the date of the transfer. This is typically the date you are signing the form.
- Sign the form in the presence of a notary public. The grantor must sign the document.
- Have the notary public complete their section, which includes their signature and seal.
- Make copies of the completed and notarized form for your records.
- File the original Quitclaim Deed with the county clerk's office in the county where the property is located. Pay any required filing fees.
PDF Form Specs
| Fact Name | Description |
|---|---|
| Definition | A quitclaim deed is a legal document that transfers ownership of property from one party to another without any warranties or guarantees. |
| Governing Law | The New York Quitclaim Deed is governed by the New York Real Property Law. |
| Use Case | This form is often used between family members, such as transferring property between spouses or parents and children. |
| Property Types | A quitclaim deed can be used for various types of real estate, including residential, commercial, and vacant land. |
| Requirements | The deed must be signed by the grantor (the person transferring the property) and notarized to be valid. |
| Recording | To provide public notice of the transfer, the quitclaim deed should be recorded with the county clerk's office where the property is located. |
| Limitations | Since a quitclaim deed offers no guarantees, the grantee assumes the risk of any title issues that may exist. |
FAQ
What is a Quitclaim Deed?
A quitclaim deed is a legal document used to transfer ownership of real property from one person to another. Unlike other types of deeds, a quitclaim deed does not guarantee that the person transferring the property has clear title. Instead, it simply conveys whatever interest the grantor may have in the property, if any.
When should I use a Quitclaim Deed?
Quitclaim deeds are often used in specific situations, such as:
- Transferring property between family members, such as in a divorce or inheritance.
- Clearing up title issues when the ownership history is unclear.
- Transferring property into or out of a trust.
In these cases, the simplicity and speed of a quitclaim deed can be beneficial.
What are the risks associated with using a Quitclaim Deed?
One of the main risks of using a quitclaim deed is the lack of guarantees regarding the title. If the grantor does not actually own the property or if there are existing liens or claims against it, the grantee may face issues later on. Therefore, it’s crucial to conduct thorough research before proceeding with this type of deed.
How do I complete a Quitclaim Deed in New York?
To complete a quitclaim deed in New York, follow these steps:
- Obtain a quitclaim deed form, which can usually be found online or at a local office supply store.
- Fill in the necessary information, including the names of the grantor and grantee, the property description, and the consideration (if any).
- Sign the document in front of a notary public.
- File the completed deed with the county clerk’s office where the property is located.
Always double-check local requirements, as they may vary by county.
Do I need an attorney to prepare a Quitclaim Deed?
While it is not legally required to have an attorney prepare a quitclaim deed, consulting with one can provide peace of mind. An attorney can help ensure that the deed is completed correctly and that all legal requirements are met. This can be particularly important if there are any complexities involved in the property transfer.
Is there a fee to file a Quitclaim Deed in New York?
Yes, there is typically a fee associated with filing a quitclaim deed in New York. The fee varies by county, so it’s advisable to check with your local county clerk’s office for the exact amount. Additionally, there may be other costs, such as notarization fees, that you should consider.
Can a Quitclaim Deed be revoked?
Once a quitclaim deed is executed and filed, it cannot be revoked unilaterally. However, the grantor and grantee can agree to execute a new deed that effectively cancels the previous transfer. If there are disputes or issues, legal action may be necessary to resolve them.
What happens if the property has a mortgage?
Transferring property via a quitclaim deed does not remove any existing mortgages or liens on the property. The mortgage remains in place, and the grantee may still be responsible for the mortgage payments. It’s essential to communicate with the lender and understand the implications of the transfer before proceeding.
Consider Popular Quitclaim Deed Forms for Specific States
Quit Claim Deed Form Texas - It is often used to add or remove a person's name from a property title.
The Florida Articles of Incorporation form is a legal document that establishes a corporation in the state of Florida. This form outlines essential details about the corporation, including its name, purpose, and the names of its initial directors. For those looking to create a business entity in Florida, completing this form is a crucial step; additional guidance can be found at floridadocuments.net/fillable-articles-of-incorporation-form.
Pennsylvania Quit Claim Deed Form - It is a practical option for transferring property held in a trust.
New York Quitclaim Deed Example
New York Quitclaim Deed
This Quitclaim Deed is made this ____ day of ____________, 20___, by and between:
- Grantor: ________________________________________
- Address: ________________________________________
- City, State, Zip: _______________________________
and
- Grantee: ________________________________________
- Address: ________________________________________
- City, State, Zip: _______________________________
Witnesseth, that the Grantor, for and in consideration of the sum of $__________, the receipt of which is hereby acknowledged, does hereby convey and quitclaim to the Grantee the following described real property located in the State of New York:
- Property Description: ________________________________________
- Tax Map Identification Number: ___________________________
To have and to hold the same unto the Grantee, and the heirs and assigns of the Grantee, forever. The Grantor hereby binds themselves and their heirs, successors, and assigns to warrant and defend the title to the above described property against all claims and demands whatsoever.
In witness whereof, the Grantor has hereunto set their hand and seal on the day and year first above written.
_____________________________Grantor's Signature
_____________________________Grantor's Printed Name
_____________________________Witness Signature
_____________________________Witness Printed Name
STATE OF NEW YORK
COUNTY OF _________________________
On this ____ day of ____________, 20___, before me, a Notary Public in and for said State, personally appeared ______________________________________, known to me (or proved to me on the basis of satisfactory evidence) to be the person described in and who executed the within instrument, and acknowledged that they executed the same in their capacity and for the purposes therein set forth.
Witness my hand and official seal.
_____________________________Notary Public's Signature
_____________________________Notary Public's Printed Name
My Commission Expires: ________________