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Updated over 12 years ago on . Most recent reply

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Samantha M.
  • Landlord
  • Dallas, TX
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Clearing Title With Quick Claim Deed

Samantha M.
  • Landlord
  • Dallas, TX
Posted

When there is cloud on title (lien, encumbrance etc.) and money owed, how exactly does a quick claim deed clear title and remove these defects? I have read around a bit but I am unclear how the quick claim deed precisely allows you to circumnavigate cloud on title to transfer the deed. I am also fairly certain a quick claim deed contains no warranties

Thanks

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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
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Bill Gulley#3 Guru, Book, & Course Reviews Contributor
  • Investor, Entrepreneur, Educator
  • Springfield, MO
Replied

Right, a quit claim deed does not clear any title defect unless it's arising from the interest of the grantor, like a divorced guy giving up his interest to an ex to allow her to sell the property, and in such case, the transfer is backed up by the court.

Valid liens or encumbrances are not extinguished by any deed by an owner as the grantor, you need a deed of release, release of lien from the holder of that lien.

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