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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Hi, Im planning to buy a foreclosure house, Ive checked the

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Hi, I'm planning to buy a foreclosure house, I've checked the county website, the house is owned by a bank, but they only give the buyer the quit claim deed. What should the buyer do after receiving the quit claim deed?

Hi - my name is XXXXX XXXXX I'm a Real Estate litigation attorney. Thanks for your question.


Usually, a bank that forecloses on the property gives a special warranty deed to the buyer. The reason is that the bank is only warranting to the buyer that it is giving the buyer the property free and clear of it's mortgage lien.


Thus, the fact that the bank is offering a quitclaim deed only should raise a red flag. But, you should do your homework BEFORE you purchase the home - - and not after.


It may be fine that you receive a quitclaim deed, assuming that the title doesn't have any issues, unresolved liens, etc.


Before you purchase the home, you need to have an attorney or a title company perform a title examination for the property and tell you whether there are any liens, encumbrances or other clouds that would cause a problem with the title to the property.


If there are no issues with the title (based on the title examination), then purchasing the property and receiving a quitclaim deed isn't really a big issue.

If you are concerned about the title, or owning the property with a quitclaim deed, you can file a petition to quiet and confirm title and get a court order confirming that you are the fee simple owner. You can file the court order in the land records as well. The court order is just as good as a warranty deed - and maybe even better - because it certifies that you are the 100% owner of the property.


It's generally not necessary to do this as long as the title examination is uneventful. However, that's the only way to gain more than a quitclaim deed gives you.


Please REPLY if you have any additional questions. Thanks.

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