Quit Claim Deed - An Unrecorded Quit Claim Deed Can Still Be Valid

Quit Claim Deed - An Unrecorded Quit Claim Deed Can Still Be Valid

Home Forms Information Recording Forum
An unrecorded quit claim deed is still valid. While there is no time limit on recording a deed or recording required for a quit claim deed to be valid, a deed should be recorded as promptly after the transaction as possible. Failure to record a deed could render transfer or mortgaging of the property impossible and create numerous legal difficulties.

The purpose of the recording a quit claim deed is to give notice to the world that there has been a change in ownership or that there has been an encumbrance made against the real estate. Many jurisdictions require that a real estate deed be recorded in order for the deed to be binding on third parties. In the event of conflicting claims to a property, the first grantee to record his/her deed usually wins the race to the courthouse. However, there are exceptions, such as when the recorded deed was a gift and the prior unrecorded deed was paid for with consideration and/or the grantee with an unrecorded deed occupied the property, thus giving constructive notice.

Although recording a deed offers important safeguards to a buyer, it need not be recorded to be binding on the parties to the transaction and to their heirs. On the other hand, a deed must be recorded to be effective against a creditor or a subsequent purchaser for valuable consideration without notice.
Download Quitclaim Deed Forms
NOTE* If you have a question about this information start a new topic in your area forum.
 
 
Copyright 1997 - 2017 TheEasyDeeds, LLC, All Rights Reserved | 1445 Industrial Parkway, Akron, OH 44310 | Contact Us | Terms of Use | Quit Claim Deed Form