Quitclaim Deed Vs Warranty Deed

roboxking profile photo

Why use one over the other when doing subject to? Why not use Warranty all the way?

Comments(5)

  • myfrogger14th October, 2004

    I always use warranty. I don't see the point of ever getting a QCD. It has it's uses but rarely.

  • JohnMerchant14th October, 2004

    Like lots of things, it depends on whether you're getting or giving.

    If taking a deed, of course you'll want the best deed you can get, which is the WD.

    If giving, you'll want to give the one with the least possible cost or consequences to you, which is the QCD.

    In taking over somebody's problems, as in a "sub-to" deal, it's a lot easier to get the QCD from the person just walking away, than trying to persuade them to give you a WD.

  • roboxking14th October, 2004

    I always want to use warranty as a buyer, and quitclaim as a seller. I was a bit unsure why many investors praise the Quitclaim Deed?

  • InActive_Account16th October, 2004

    I'm always amazed at what appears to be quit claim deeds being tossed about. I'd always want a warranty deed (in my state we even have 'degrees' of warranty - general being better than special). John, do you really think most people in distress know the difference of a quit claim vs. warranty deed? I think if you present them with a "Deed" that they are going to sign they don't know the differences and legal ramifications of each.

  • LeaseOptionKing16th October, 2004

    You might need the spouse to Quitclaim to the person you are getting a Warranty Deed from (in case of separation, divorce, or in a community property State--of which there are nine).
    [addsig]

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