Legal Question in Real Estate Law in Indiana

Re: quitclaim deed

He who acquires title by quitclaim deed takes the property subject to all existing liens and encumbrances and further subject to the limits of the conveyor's interest in the property. Assume for a moment that the person giving you the quitclaim deed doesn't even own the property. This person could still legally give you a quitclaim deed, which would give you nothing. That is why if you are paying money or other valuable consideration for a deed, you should always make the seller provide title insurance, so you can obtain a title report which describes the limits of the seller's interest in the property.

Re: quitclaim deed

Liens attach to property. It makes no difference who owns property or whether it has been sold to someone else. The lien will remain on the property regardless. The fact that the property was transferred by quitclaim deed, however, means that the transferor is not making any promises to the transferee regarding the existence or non-existence of any liens.