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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33713
Experience:  15 years real estate, Realtor. Landlord 26 years
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We went to a lawyer with a completed QuitClaim Deed. We

Customer Question

We went to a lawyer with a completed QuitClaim Deed. We wanted CLEAR TITLE to our house as there had been several mortgages in many F/K/A names. I am remarried, the mortgage is paid off, I have satisfaction of lien from the bank, but not CLEAR TITLE. I have several "satisfaction of mortgage" and that is because I refinanced the house. I wanted something that said there are NO LIENS against my house.I was told that a Quit Claim Deed does not give CLEAR TITLE, that a TITLE SEARCH needed to be done. The papers that came are a Quit Claim Deed and the Title Search was never done. We paid $950 for a quit-claim deed that I had already got the papers from Office Max for $23.00 and was told that was not enough for clear title. They have sent us 3 quit claim deeds - the names were wrong, the zip codes were wrong and it has taken them over a month to do a totally UNACCEPTABLE job. They are still not right. Now we have to get a notary, file with the county and do all the leg work with a quit claim deed and NO title search. My question: Does a Title Search need to be done or is a Quit-Claim Deed enough.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

My question: Does a Title Search need to be done or is a Quit-Claim Deed enough.

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A quitclaim deed just transfers whatever interest the grantor has, be it 0% or 100%, to the grantee. It does absolutely nothing to ensure that there is a clear title. It just transfers the property, whether it has a clear title or not.

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So yes, you have to have a title search done to determine if there are any liens, loans, encumbrances, etc. on the property and then get a "title opinion letter" from the title searcher or attorney that basically says that based on the title search there either are or are not any problems with the title.

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As an aside, I used to be a closing attorney for several lenders..

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thanks

Barrister

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