how does a quit claim deed impact title history?
quit claims are pretty weak; you want a grant or warrenty deed; it depends some on your state
i realize this. people on here love to talk about quit claim deeds - i don’t think many people even know what it is, with the exception of many of the experienced investors on here.
the thing with warranty deeds - i guess the term “warranty” is relative because in New York at least, you’ll never get a warranty deed.
you’ll get what’s called a bargain and sale deed with covenant against grantor’s acts…or special warranty deed.
Generally what a quit claim does is transfer all of the rights one has in a property to someone else. If there are no rights, nothing is transfered.
With a quit claim there is no guarantee that the property is free of liens or has other problems - it only moves interest from one party to another.
A quit claim is used quite a bit when a spouse shouldn’t be on title - they don’t or can’t be part of a loan. To make the loan work one spouse will quit claim off of the property so the lender won’t consider this person.
To be effective a quit claim has to recorded. Once it is recorded it becomes what is known as constructive notice Constructive notice is what you should have found out about a property since it is part of the public record.
Once recorded it becomes part of the chain of title. Anyone researching the property should be able to find the quit claim.