If I purchase a property with a quit claim deed what are the steps/costs associated with obtaining a warranty deed?

Looking to purchase several properties that all contain quit claim deeds. I am aware that to receive a warranty deed one must clear any and all liens but not sure what else may be involved.

Asked on July 13, 2012 under Real Estate Law, Maryland

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Once you are on title to real estate by way of a quit claim deed, you have what you have. A subsequent grant deed by the person recorded on the property that you received the quit claim deed from gives you nothing more than what you already have unless the liens of record have been removed.

However, if the seller of the property that was received via a quit claim deed to him or her gives you a warranty grant deed, then you have free and clear title to the parcel. I suggest that a a condition of sale that you insist that all liens of record be removed from the properties that you wish to acquire from the third party.

You should also obtain a preliminary report concerning the properties you want to purchase before close of escrow and consult with a real estate attorney as well about the subject parcels.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.