A Pennsylvania quitclaim deed is a straightforward method for property transfer, distinct from other forms requiring legal promises about property title. Due to its simplicity, this deed type is commonly chosen for family property transfers.
Statute Title 21, Chapter 1 of the Pennsylvania Statutes: The deed must state “release and quit claim.” Omitting these may render it invalid.
Signing Requirements 21 PS § 10: A Pennsylvania quitclaim deed necessitates the grantor’s signature, acknowledged by a notary for recording. No grantee signature or witnesses are mandated.
Recording Requirements To record a quitclaim deed, file it with the local Recorder of Deeds. County rules and fees vary.
Transfer Tax: Yes: 1% of the property’s value
Additional Documents A Certificate of Residence form must be filed with the deed. For residents of Philadelphia County, the Real Estate Transfer Tax Certification ( Form 82-127 ) is also required.
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Recording times for quitclaim deeds in Pennsylvania vary by county. Typically, deeds are recorded within a few days after being submitted to the county’s Recorder of Deeds office.
However, the timeline can extend during busy periods or due to specific county processes. Contacting the county office directly will provide the most accurate recording timeframe.
Reversing a quitclaim deed in Pennsylvania is not straightforward once it’s executed and recorded. Any modification or reversal would require agreement from all parties involved and the execution of a new deed.
It’s a complex process that often necessitates legal advice to understand the potential consequences and to navigate the legal requirements.
No, a quitclaim deed in Pennsylvania does not guarantee clear title. It only transfers the grantor’s interest in the property, which may not be free of liens or other encumbrances. Buyers are advised to conduct a comprehensive title search and consider title insurance to protect against any title defects.
In Pennsylvania, a quitclaim deed transfers ownership interest without affecting the existing mortgage on the property. The mortgage responsibility remains with the grantor unless specifically renegotiated with the lender. The grantee should be aware they acquire the property subject to any outstanding debts or liens.
Quitclaim deeds are used in estate planning in Pennsylvania to transfer property to trusts or heirs, potentially simplifying the probate process. However, given they do not warrant the title, their appropriateness depends on the estate’s specific circumstances.
Consulting with an estate planning attorney is crucial to ensure a quitclaim deed aligns with the overall estate strategy and goals.
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