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How Do I File a Quit Claim Deed in New York?

Founding Member of Moshes Law, P.C.
During his years of practice, Yuriy has concentrated in litigation and real estate transactions as his areas of expertise.
When to Use a Quit Claim Deed

If you live in New York and are trying to transfer real estate property from one person to another as a gift or through a court order, then a quit claim deed could be the best way to do it. 

A quit claim deed is a relatively easy method of transferring title of property and is most commonly used when a property is transferred without a traditional sale. This differs from general warranty deeds, which provide the highest level of protection for property owners by guaranteeing that the grantor holds clear title and will defend against any claims. In contrast, a quit claim deed makes no guarantees about the title’s validity or whether the grantor even owns the property.

However, title insurance can mitigate risks associated with quit claim deeds by protecting property owners against unforeseen issues with title. Here’s what to know about filing quit claim deeds in New York, plus a quick look at how the attorneys at Moshes Law, P.C. can help guide you through the process.

Do You Need to File a Quit Claim Deed in NY?

If you need to file quit claim deed in New York, set up a consultation now.

When to Use a Quit Claim Deed: Do You Qualify?

Transferring title through a quitclaim deed conveys legal property ownership from one party (the grantor) to the other (the grantee), usually in the case of a trust, a divorce, or as a gift. Quitclaim deeds offer a straightforward method for transferring ownership of real property without guaranteeing the absence of liens or other claims against the property.

Due to the logistics of this type of transfer, it’s vital to work with an attorney who understands the complexities of how deeds are processed, held, and conveyed.

Title searching is an essential part of the process to ensure there are no unexpected claims or encumbrances on the property before quitclaim deed transfers are finalized.

To successfully file a quit claim deed in New York, you will need to fulfill a few essential qualifications:

  • Written consent from both parties via Form TP-584 and Form RP-5217 (oral agreements do not qualify)
  • Official notarization of forms
  • Payment of associated fees
  • Payment of any taxes owed on the property

Also essential is that the grantor has a legitime ownership interest in the property before transferring the title, even if that ownership is only partial.

Quit Claim Deed Lawyer

Tax After Completing a Quit Claim Deed in New York

The fee for filing a New York state quit claim deed varies depending on the county where the property is located. However, as of 2018, the basic fee for filing for a residential or farm property is $125, while the fee to file a quit claim deed for all other properties is $250. These fees apply to the statewide RP-5217 form.

In addition, there are additional fees tacked on at the time of filing. These include nominal fees for other papers filed, such as fees for Form TP-584. Additionally, there is a general recording fee, and each page filed has an additional nominal cost.

Working with a Quit Claim Deed Lawyer

A quit claim deed lawyer can help with all aspects of filing this type of claim, including:

  • Deed transfers and corrections
  • Legal advice on the best type of deed to pursue
  • Preparation and filing of associated documents
  • Quit-claim deed filing with the County Clerk’s Office
  • Tax requirements prior to and after filing the claim

Can I transfer a deed without an attorney? 

It might seem like a simple enough process, but it’s highly encouraged that you seek the services of a qualified real estate lawyer when considering a quit claim deed in New York. An attorney can not only draft your quit claim deed but also assess your situation to determine if a quit claim deed is the best option or if another type of deed would be more suitable.

How Do I File a Quit Claim Deed in New York

Legal Support for Filing a Quit Claim Deed in New York

At Moshes Law, P.C., we offer extensive experience in the management and filing of New York quit claim deeds, representing parties in the greater New York City area and all its boroughs, including Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Northern New Jersey, Long Island, and Upstate New York. 

Whether you’re trying to convey it or receive it, our team has the knowledge you need to transfer property with ease, including assistance with legal description of the property and preparation of legal documents. Contact us today for a free consultation.

 

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