Legal Question in Real Estate Law in Georgia
quitclaim deed vs. warranty deed
I have a property in georgia that was quitclaimed to me in Jan 2004. Someone else came along in Sept 2004 and tricked my mom into signing a warranty deed. Does that warranty deed override my quitclaim deed?
2 Answers from Attorneys
Re: quitclaim deed vs. warranty deed
The answer depends on some facts not in your posting. If your deed was recorded then the transfer from your mother would be invalid. In addition, if she was tricked into signing her deed, it may be unenforceable anyway.
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Re: quitclaim deed vs. warranty deed
I need some more info. Both a quit claim deed and warranty deed will transfer title to real property. The quit claim gives any interest the grantor has in the property to the grantee. The warranty deed warrants that the grantor has marketable title. If your quit claim deed was recorded properly then you should have been the title holder of record. As such, your Mother would have had nothing to convey by granting a warranty deed. But, if you did not record the QC deed that brings up a whole new set of legal issues that would take a while to talk about.