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Account Closed
  • Rehabber
  • Meriden, CT
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auction.com Quit Claim Deed vs Special Warranty Deed

Account Closed
  • Rehabber
  • Meriden, CT
Posted

I'm looking at a couple of properties on auction.com.

Here is what I know about a quit claim deed... you have ownership of the property but are liable for any liens or mortgages outstanding on the property.

Special Warranty Deed... you have ownership of the property and are guaranteed no issues for the period that the previous owner was in possession of the property but not if there are any liens or mortgages outstanding that predate the owner before you.

What kind of red flags should I look for in a property from auction.com that offers a quit claim deed vs one that offers a special warranty deed. None of the properties I'm interested in offer a general warranty deed.

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Jon Holdman#3 Real Estate Deal Analysis & Advice Contributor
  • Rental Property Investor
  • Mercer Island, WA
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Jon Holdman#3 Real Estate Deal Analysis & Advice Contributor
  • Rental Property Investor
  • Mercer Island, WA
ModeratorReplied

I'll emphasize what @Tom Goans says here, at least for CO.

This statement, @Account Closed:

Is just not true. A quit claim may not give you (grantee) ownership at all. It transfers whatever rights the grantor has to you. That may well be absolutely nothing. As @Bill Gulley points out using a quit claim to transfer ownership is just not a good idea. The legitimate use of quit claims are for situations where ownership is muddled. If the parties involved agree on the correct ownership, a quit claim can be used by one party to give up any potential ownership to another party. They're used in these auction situations and sometimes with REOs for properties where the "seller" (I use that term loosely) doesn't really know if they own anything or not. Use extreme caution.

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