Fisher Law Corporation’s Frequently Asked Questions

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Notice: The information contained in these articles is designed to provide accurate information in regard to the subject matters covered and is made available with the understanding that the information provided does not constitute the rendering of legal or professional services. All information is of a general nature, is specific to California law only, and is not intended to to replace professional or legal advice. Each person’s situation is unique and the information contained herein cannot be applied to any individual’s situation. If legal advise is required, the services of a professional should be sought.

What is an all-inclusive deed of trust? »

What is CERCLA? »

How does a condominium differ from a house? »

What are Covenants that run with the land? »

What is a deed in lieu of foreclosure? »

What are easements? »

What are Encroachments? »

How does escrow work? »

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How do foreclosures work? »

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What do trade terms mean? »

What are liquidated damages in real property contracts? »

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How do loan modifications work? »

What is a Mechanic’s Lien? »

How does a Multiple Listing Service work? »

What is an off-shore trust? »

How do real property taxes work? »

What is Procuring Cause? »

What is a Quitclaim Deed? »

What is RESPA? »

Who bears the risk of loss during escrow? »

What are second deeds of trust? »

What is the Statute of Frauds? »

What is Statute of Limitations on Debts Secured By a Mortgage? »

Does a buyer’s broker have a duty to inspect? »

What is The Parol Evidence Rule? »

What is Adverse Possession? »


Q. What is a Quitclaim Deed?

A. The quitclaim deed is one of the more commonly used methods of conveying the title to, or some interest in, real property. It usually is characterized by the operative words “assign,” or “remise, release and quitclaim,” or by a provision that the grantor is transferring his “right, title and interest” in the described property.

A quitclaim deed transfers to the grantee all of the right, title, and interest which the grantor had at the time he executed and delivered the deed and which is capable of being conveyed by a deed. It is as effective as any other form of conveyance to transfer the grantor’s title to the grantee.

A quitclaim deed does not contain any implied covenant or warranty of title, freedom from encumbrances, or the right of possession by the grantee. It is a valid instrument even though the grantor does not have any estate or right to occupy the property. Its sole function is merely to transfer whatever interest the grantor had in the described property at the time the conveyance was made. Therefore, the quitclaim deed does not convey any after acquired title received by the grantor subsequent to the quitclaim deed. It is often used to release all of the interest that the grantor may have or claim to have in the property described at the time of the deed.

The quitclaim deed transfers whatever interest the grantor may have in the property, whether legal or equitable.

A quitclaim deed is within the provisions of the recording laws and, therefore, when the grantee is otherwise a bona fide purchaser, his title has priority over prior, unknown, and unrecorded interests in the property. In addition, if the quitclaim deed is either recorded or is known to a subsequent party, it has priority over the interest of the subsequent party. Therefore, a grantee by quitclaim deed can enforce his deed and secure a good title based on it. However, if the grantee has not paid value for the estate transferred, or he has constructive or other notice of a prior interest, his title is subject to the prior interest.

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