What is a Quit Claim Deed
The quit claim deed is not a specific form as such, but, instead, is a general instrument used in real estate transactions to convey real property. In King County Washington for example, the King County public records group posts dozens of examples of quit claim deed forms that have been accepted in King County real estate transactions. Each of these forms is slightly different, but all serve the same purpose.
The quit claim deed is used to convey, transfer, or give up a property interest from one party to another. It is different from other types of deeds, such as a warranty deed, in that the grantor, or person transferring the property interest , makes no warranties or guarantees that the title to the property being conveyed is free and clear of liens or other encumbrances. The person receiving the property interest takes it subject to any defects in the title, and without any recourse to the grantor. When a warranty deed is used, the grantor warrants or guarantees that the property interest is being conveyed with no defects or claims against it.
In other words, a quit claim deed is used in most circumstances to transfer property without any guarantees or representations, and a warranty deed is used when the seller and the buyer both wish to ensure only clear title is being transferred.
Why it is Needed in King County, Washington
The importance of the quit claim deed form in King County, Washington, is influenced by both regional property ownership standards and more local laws and regulations that dictate how such instruments are executed, recorded and used throughout the course of a transaction.
People in Washington state typically consider the quit claim deed to be a basic instrument for transferring property between two parties. However, to say that quit claim deeds are a basic tool to transferring ownership would be to ignore the importance of executing and recording these instruments properly before the transaction can even be considered officially complete.
Locally, quit claim deeds must be recorded with the King County Department of Records and Elections, which is part of the Department of Executive Services.
With the quit claim deed, such transfers do not explicitly guarantee that the grantor holds good title to the property, but merely states that the grantor is willing to transfer any interest he or she may have in the property to the grantee. The quit claim deed form is also generally drafted without any rights of limitation on the property. Thus, provided the grantor has sufficient legal rights to the property, the grantee will hold full rights to the property right away after the quit claim deed is recorded.
Because this particular form is one of the most frequently used to transfer property in Washington state, the King County Department of Records and Elections has provided a list of requirements for the quit claim deed, which include:
Any amendment of the King County quit claim deed form must also be clearly stated if not exactly conformed to the recital type. Unless otherwise specified, all grantors with a shared interest in the property must sign the instrument to ensure its recordability.
As is the case with almost any form of real estate ownership transfer, quit claim deed forms are most commonly used when property undergoes legal transfer in the event of a divorce or another similar type of situation where multiple parties may have interests in the land. In such cases, quit claim deeds do not differentiate between partial and full interests in a property and merely state that the grantor relinquishes all rights. A quit claim deed may also be useful in the event of a tax foreclosure, where the lender or taxing agency can pass along rights of the property to another party to alleviate financial concerns.
How to Fill Out The Form
When filling out a quit claim deed, you should include the following information:
- Names and addresses of grantor (current owner) and grantee (new owner).
- Subject property description.
- How you want title to read.
- Statement of consideration (how much the grantor is being paid).
- Statement that grantor gives what he/she has to grantee (aka, what is left of the grantor’s interest).
- Statement of perpetual covenants (minimum being assurance that grantor is not aware of encumbrances).
- Specific signature wording (grantor signature must include either the word "grant" or "convey" or "release" or "remise" and it must be accompanied by words such as "and the said parties have hereunto set their hands and seals the day and year first above written"). Note that the requirement of a seal on the quit claim deed is considered a "fossil" under Washington law and is no longer required for other real estate document requirements.
Although it might feel like filling out the quit claim deed form is a tough challenge, it’s really not that bad as long as you make sure you have a complete and valid legal document. Some of the most common mistakes are:
• Failing to make sure that all names on the deed are spelled correctly.
• Listing a name as it is commonly known instead of as it appears on the property title.
• Not being specific about the legal description of the property.
• Being purposely dishonest about the property description (unless intentionally meant to defraud an existing creditor).
As long as you take your time to make sure that you have accurate information on this King County quit claim deed form, you will create a document that will pass muster for the granting of legal ownership to the new person(s).
Filing The Quit Claim Deed Form in King County
Filing your completed quit claim deed in King County is pretty simple, as you just have to take the completed quit claim deed form and turn it in to the County Recorder and you are done. The County Recorder’s office is located at the following address:
King County Department of Assessments
Administration Building, Room 2C
500 Fourth Avenue, Suite 500
Seattle, Washington 98104-2389
The filing fee for a quit claim deed in King County is $209. If there are multiple properties being conveyed by the quit claim deed, but they are all conveyed together in the same deed, then a single recording can be done for $209. The recording fee is payable by check or cash (credit cards are not accepted for recording). Please note that the recording fee is subject to change, as the recording fee takes in many factors. As such, be sure to check the King County Department of Assessments website for the most up to date information on recording fees.
As for the timeline of processing the quit claim deed, we have found that the standard timeline is about a week to 10 days. The quit claim deed will be listed on King County real property excise tax affidavit, and if you want a stamped copy back from the county you can order that after the quit claim deed has recorded. Current fees for certified copies can be found on the King County Department of Assessments website.
What Legal Issues Does It Create?
The use of a quit claim deed carries with it certain legal implications, particularly if the form is not 100% appropriate for the transaction for which it is being used and/or is not completed correctly. Even if the form is appropriate, if the document is not properly recorded in the records kept by the County Auditor, it may not be legally effective despite it being executed and delivered.
When correctly drafted and executed a quit claim deed will transfer title to real property subject only to any matters affecting title that are expressly stated in the deed to be subject to . Using quit claim deeds is generally best left to persons experienced with the proper drafting and use of these forms.
The underlying co-mingling of title insurance and lending procedures with the deeds themselves usually creates risk for those who are not experienced Quit Claim Deed users. If there are any concerns about the legality of the deed or the language therein, it is highly recommended that the advice of an attorney be sought prior to further action.
When and How It is Used or Not Used in Case
Common Uses and Case Scenarios for a Quit Claim Deed in King County Washington
While the quit claim deed may be the simplest of all real property transfer documents, it also is the most susceptible to damage and abuse. We see clients come to our offices who recently received a quit claim deed from a home that has multiple $300,000 mortgages against it. Or worse yet, the deed was granted to a person who is not the correct grantee under the terms of the estate or divorce.
To mitigate this we always recommend reviewing the closing statements, sale agreements and estate planning documents when a quit claim deed is involved in a commercial or business deal. Even if the deed is valid when first executed it can be later changed to convey multiple parties or provide subordination clauses that may ruin your deal.
Here are some examples of common situations we see involving these deeds:
Transfer of property between family members or spouses
Under the law all real estate owned by both spouses is presumed to be jointly owned and hence has a value of $500,000 for the purposes of a mortgage exemption. However, the couple can change that rule by executing a quit claim deed granting title into the name of one spouse only. For example: Time 1: Jim(72) gifts home valued at $900,000 with a $300,000 mortgage to his son Bobby(50). Therefore, the county assesses the value for excise tax purposes based on the value of the home minus the value of the mortgage according to RCW 82.45.010. At Time 2: Jim decides to execute a QCD to Bobby showing Jim is gifting Bobby the remaining half of this property equally. This removes the $300,000 mortgage debt, so the county re-assesses the value for excise tax purposes as $600,000. Jim’s son Bobby will therefore owe approximately $2,400.
Change of ownership between divorcing spouses
A quit claim deed can be used to divide property during a divorce proceeding. This document usually signifies a settlement agreement where one spouse waives their interest in the property. For example: Jim (72) and Mary (66) have been married for 30 years. Earlier in Jim and Mary’s marriage, they had purchased a house together valued at $800,000 with a $200,000 mortgage. In December of 2015, Jim and Mary divorced and split their property, and as part of their settlement agreement, Jim signed a quit claim deed to Mary. Mary recorded the deed to receive sole ownership of the house at the same time she submitted her divorce paperwork. The result: Jim paid an excise tax of $3,200 and Mary paid nothing.
Where to Get Help
Depending on where you are in King County, and exactly what you are doing, there are other resources you may be able to use. For those using the Seattle King County Clerk’s office you may want a complimentary information sheet available at: http://www.kingcounty.gov/courts/Clerk/documents/ClerkForms/SoC1.pdf. For King County (Seattle) use your web browser to navigate to the King County Department of Records and Elections: http://www.kingcounty.gov/depts/records-elections.aspx to locate the office near you. For more rural areas within King County you may consider contacting the City Hall for the municipality you are located in , or the blanket King County website for recorders: http://www.kingcounty.gov/operations/recorders.aspx.
If doing a quit claim deed for the purpose of rectification to a divorce decree or settlement, you may want to consider contacting the Northwest Justice Project, a non-profit organization providing legal representation to low-income persons within Washington State. Their website is: www.nwjustice.org.