Argumentative Essay On Quitclaim Deed

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A quitclaim deed transfers interest in a property.
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Filing a quitclaim deed removes your name from the title to a piece of real estate and transfers your interest to a spouse, child, partner or another person whose name remains on the title. Quitclaiming is commonly used to transfer property during a divorce settlement, removing one spouse from the deed and putting the title solely in the name of the person who is retaining the family home. If you choose to quitclaim a property, you lose all rights to the property but aren't released from any related financial obligations.
Quitclaim Basics

A quitclaim deed is a legal document that releases a person’s interest in a particular piece of property, and it becomes effective as soon as you sign it. Once you sign a quitclaim, you no longer have the right to use the property and won't receive any of the proceeds if the property is …show more content…

If, for example, your spouse is granted the house in your divorce, the court can require you to surrender your ownership by signing a quitclaim deed. If the court orders you to do so and you refuse, the court can find you in contempt and jail you until you agree to sign the quitclaim. If you still refuse, the court may issue a judgment that acts in lieu of a signed quitclaim deed.
Mortgages and Liens

You can surrender your rights to a property, but you can't erase your obligations to it. Signing a quitclaim deed does not remove your financial obligation to pay an existing mortgage or any other liens, such as those for construction, that are already on the property. Even after you surrender ownership, your original contract for the mortgage and other debts remain in force. The bank retains all of the lender’s original rights, including the right to pursue you for the debt and the right to foreclose on the property if you don’t make the payments, whether or not your name is on the deed.

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