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Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35287
Experience:  16 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: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year 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.


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.


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.


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





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