Quit Claim Deed

HOW DO I FILE A QUIT CLAIM

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. Here’s what to know about filing it in New York, plus a quick look at how the attorneys at Moshes Law, P.C. can help guide you through the process. If you need assistance, consider reaching out to a qualified Quitclaim Deed Attorney who can ensure that all legal requirements are met and that your interests are protected throughout the transaction.

WHEN TO USE A QUIT CLAIM DEED: DO YOU QUALIFY?

claim-deed

Transferring title through a quit claim 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. Due to the logistics of this type of transfer, it’s vital
to work with quit claim deed attorney who understands the complexities of how deeds are
processed, held, and conveyed.

To properly execute a property transfer in New York, you’ll need to meet specific eligibility criteria:

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.

TAX AFTER COMPLETING A QUIT CLAIM DEED IN NEW YORK.

The cost of submitting a New York state document that transfers property rights varies across counties. For residential or farm properties, the standard filing fee as of 2018 is $125, while for other property types, it’s $250. These fees apply specifically 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 ATTORNEY.

A quit claim deed attorney 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

REPARATION 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?

Though it appears straightforward, seeking guidance from a skilled real estate attorney in New York is strongly recommended when contemplating property transfers. Their expertise can assist in drafting the necessary documentation and evaluating your circumstances to determine the most appropriate deed type for your situation.

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FAQs

WHY WOULD SOMEONE FILE A QUIT CLAIM DEED?

A quit claim deed is often used to transfer property between family members, remove a name from a title (e.g., after divorce), or correct a title issue. It’s a quick and simple way to transfer interest without a full title guarantee.

CAN I SELL A HOUSE WITH A QUIT CLAIM DEED?

Technically, yes — but most buyers and lenders prefer a warranty deed because a quit claim deed doesn’t guarantee clear ownership. Selling with a quit claim deed can raise legal and financial risks unless the buyer fully understands the situation.

HOW LONG DOES A QUITCLAIM DEED GIVE YOU OWNERSHIP?

A quitclaim deed transfers ownership immediately once it is signed, notarized, and filed with the county clerk’s office. However, it only conveys whatever interest the grantor had at the time—there are no title guarantees.

WHAT HAPPENS AFTER A QUIT CLAIM DEED IS SIGNED?

After signing and notarizing, the quitclaim deed must be filed with the local county clerk or city register. Once recorded, the transfer becomes part of the public record and legal ownership is updated.

DOES A QUIT CLAIM DEED OVERRIDE A WILL?

In most cases, yes. A valid quit claim deed filed before death can override the provisions in a will related to that property, because ownership has already been legally transferred.

What are the requirements for a quit claim deed?

A quitclaim deed must include the names of the grantor and grantee, a legal property description, signatures, and a notary seal. It must also be filed with the proper local recording office to take effect.

LEGAL SUPPORT FOR FILING A QUIT CLAIM DEED IN NEW YORK.

Get to know your Short Sale Attorneys
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. Contact us today for a free consultation.
Yuriy-Moshes
Widely recognized as a top New York City real estate attorney with a wide network of connections and a reputation for navigating legal matters to satisfaction for his clients.
Gennady-Litvin
Managing Attorney with extensive experience in real estate matters, including foreclosure defense, short sales, real estate closings, and bank representation. Widely recognized in real estate circles for his comprehensive knowledge of the industry and his ability to provide exceptional legal representation.

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