Legal Question in Real Estate Law in Louisiana

Re: Inheritance

After you read Mr. DuMond's reply, a quitclaim deed does not guarantee marketable title is being given to the grantee by the grantor. It carries no warranty of title as a warranty deed does. It is a popular mechanism to transfer title to property between family members and joint owners of property.

Re: Inheritance

A quitclaim deed is a deed given by someone who may or may not actually own an interest in the property being transferred or conveyed to another party. It serves to transfer title and clear title, but the transfer is without any warranties

of title that normally go with a warranty deed.

Re: Inheritance

First let's define a few things. A person who signs a deed with the idea of transferring an interest in property is called a "grantor." The person to whom the grantor transfers the property is called a "grantee." When a grantor signs a quitclaim deed, he merely conveys whatever interest he owns in the property. So it is possible he doesn't own any interest. He might have once owned the property and may assume he still has an interest in it, but intervening involuntary transfers (such as IRS liens, judgment liens, etc.) or voluntary transfers (like a mortgage) have deprived him of any actual interest in the property. And, sad to say, a quitclaim deed could be used by scam artists.

A grantor who issues a "warranty deed" or "grant deed" is saying in effect that he actually owns the property described.

Almost all deeds provide for exceptions to liens "of record." So it is always best to engage a title company to protect the grantee.