Cheapest / quickest way to process a quit claim deed

7 Replies | Atlanta, Georgia

I need to transfer a property of mine back to an LLC (I had to transfer to myself for a refinance) and want to do this without hiring a lawyer. I figure I can just write up the deed myself using the same language that transferred from the LLC to me, so just need to have it notarized and recorded right? What's the easiest / cheapest way to get that done?

A couple of options:

1. A Title Company.  If you have a relationship with one, they can prepare the document and file it for you for a small fee.  You may want to go back to the title company who did the original transaction.

2.  Obtain/buy the Quit Claim Deed online - it does need to be notarized- and file it with Clerk of Court in the county where the property is located.  Here's the steps and form # from one provider: https://store.nolo.com/product...

Please know that lenders do not allow for this so it's best to do it when you've got your refinancing in place.  Hope this helps...

@Sam Mitchell not sure why you would use a quit claim. A quit claim transfers only what the grantor owns, and can be an indication that the grantor doesn’t own 100% fee simple absolute title. Seems like a warranty deed would be better assuming you own fee simple absolute title.

Originally posted by @Harry Gamble :

@Sam Mitchell not sure why you would use a quit claim. A quit claim transfers only what the grantor owns, and can be an indication that the grantor doesn’t own 100% fee simple absolute title. Seems like a warranty deed would be better assuming you own fee simple absolute title.

This! Do not use a quit claim deed. I am not an attorney but from what I understand if you use a quit claim deed it can invalidate your title insurance, if you have it. Whereas using a general warranty deed or special warranty deed will preserve the title insurance. In my opinion it is worth spending a little money with an attorney to handle this, it really shouldn't cost too much especially if you do not need to buy title insurance again. 

 

The type of deed used does not affect title insurance. What affects title insurance is whether the Grantee is still considered to be “the Insured” under the policy’s terms.

Copy the legal description from prior deeds. Update the Grantor and Grantee as well as the being clause based upon information from the most recent transfer.

Originally posted by @Sam Mitchell :

I need to transfer a property of mine back to an LLC (I had to transfer to myself for a refinance) and want to do this without hiring a lawyer. I figure I can just write up the deed myself using the same language that transferred from the LLC to me, so just need to have it notarized and recorded right? What's the easiest / cheapest way to get that done?

As I used to tell insureds, you can have it fast, you can have it right, you can have it cheap, pick any two, you can't have all three.

 

Originally posted by @Patricia Steiner :

A couple of options:

1. A Title Company.  If you have a relationship with one, they can prepare the document and file it for you for a small fee.  You may want to go back to the title company who did the original transaction.

2.  Obtain/buy the Quit Claim Deed online - it does need to be notarized- and file it with Clerk of Court in the county where the property is located.  Here's the steps and form # from one provider: https://store.nolo.com/product...

Please know that lenders do not allow for this so it's best to do it when you've got your refinancing in place.  Hope this helps...

A title company in Florida can only prepare documents, i.e. deed, mtg, etc, in conjunction with the issuance of a title policy.  See Fla Bar v. Mcphee  

THE FLORIDA BAR v. McPHEE | 195 So.2d 552 (1967) | so2d5521615 | Leagle.com

To prepare them without issuing a title policy may be the unauthorized practice of law.  I know, I know, they do it all the time for good customers.  That doesn't make it right to do.  On top of which, what if they prepare the deed incorrectly?  What happens then?