Saturday, February 22, 2014

Quitclaim Filing Procedures In Maricopa County Arizona

A quitclaim deed transfers real estate ownership with no promises. Unlike warranty or grant deeds, which make certain guarantees that the title is valid, a quitclaim deed makes none; all it says is that the grantor -- the property owner -- gives up any claim he may have. If you receive a quitclaim deed to property in Maricopa County, Arizona, record it at the county offices in Phoenix or Mesa.


Form


A Maricopa County quitclaim deed must conform to Arizona requirements. It must have a caption at the top of the document identifying it as a quitclaim deed. Each page should have a half inch margin all the way around. The first page of the document should have a two-inch top margin for the recorder's use. Any notations or corrections you make in the margin won't have any effect on what the deed says.


Requirements


Under Arizona statutes, a quitclaim deed must include the legal description of the property -- not the street address, but how the county identifies it in the official records. The grantor, or owner, must sign the deed before a notary public or any other state officer who can attest that the signature is valid. To convey title, the grantor simply has to state in the deed that for the consideration of (any money he receives) I hereby quit claim to (recipient) all my interest in the following real property.


Recording


You can file the deed with either branch of the Maricopa County Recorder's Office. Once you pay the recording fee, the staff will take the document, microfilm it, then index where to find it in the files. The office will mail the original document back to you within six to eight weeks. If you lose the original, the Recorder's Office can make you a certified duplicate. Even if you don't record the deed, it's still binding on you and the grantor.


Considerations


Grantees don't usually use quitclaim deeds to buy property, as they have no legal protection if the title should be fraudulent. Common uses for quitclaim deeds are to transfer title between family members or to clear up ownership questions. For example, a divorcing spouse may agree to sign a quitclaim so that it's clear he has no claim on the property. One thing a quitclaim can't affect is the mortgage: If the grantor owes money on the mortgage, a quitclaim deed can transfer title to the property but not responsibility for the mortgage.








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