At closing I will get a "QUIT CLAIM DEED". Should I be concerned?

Asked about 2 years ago - Tampa, FL

I am buying a house in Georgia that was foreclosed on. It is now owned by the bank.

Attorney answers (2)

  1. Heather Morcroft

    Contributor Level 20

    3

    Lawyers agree

    Answered . I am not a Georgia lawyer, and for any specific questions about Georgia real estate law you should consult with a Georgia lawyer. However, I can tell you that a quit claim deed is a deed that transfers whatever right and title the bank has to you. Normally when you purchase a home you get a warranty deed, which gives you more protection against any potential claims by others on the property. If you are not experienced in buying foreclosed properties from banks, it would be wise for you to have a real estate attorney review your transaction for you. It could help you make sure your investment is protected.

  2. Mark R. Osherow

    Contributor Level 8

    1

    Lawyer agrees

    Answered . I do not know the law in Georgia, but generally a quitclaim deed only confers title to the extent that it was held by the person or entity transferring to you. You would likely be stuck with any problems with the title to the property or liens. So yes, this is something you should at least investigate further, or not accept a quitclaim deed. A better option is a warranty deed that if done properly would generally provide standard warranties by the seller that you are receiving good and marketable title. There are times when a quitclaim deed is appropriate, however, and you need to check the law in your jurisdiction, but from the limited facts stated, this does not sound like one of them.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more

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