In the State of Tennessee, a quitclaim deed must be either notarized by a Notary Public or signed by the seller of the property in front of two witnesses (§ 66-22-101). Once one of these criteria has been met, the document must be filed with the Register of Deeds Office along with the proper filing fees (§ 66-5-106).

How do I execute a Quit Claim Deed?

• Record the deed. Once the quitclaim deed has been executed, the grantee must take possession of the deed and take it to the local recording office for recording. Be sure to have the recording fee; the amount may very based on how many pages in the document. Store the deed securely.

Can you do a quitclaim deed in Tennessee?

The grantor to a quitclaim deed executed in Tennessee must sign the document and have his or her signature acknowledged. A legal description of the real property as well as a recital of the grantor’s source of title must be included in a quitclaim deed executed in Tennessee.

Does an attorney have to prepare a deed in Tennessee?

A real estate deed can be acknowledged in Tennessee or out-of-state. If acknowledged in another state, the requirements of 66-22-103 must be met. An instrument that has been executed by an agent or attorney can be signed by such agent or attorney for the principal.

Who can prepare a deed in Tennessee?

A Tennessee deed form conveys interest in property from one party (the “grantor”) to another (the “grantee”). The documents can be prepared by anyone as long as the required information is written in the deed as outlined in § 66-5-103.

How long is a quitclaim deed good for?

In most states, there is a period of two years following the deed’s filing date during which the quitclaim deed can be contested. If either the grantor or grantee wants to challenge the validity of the quitclaim deed, the challenge must be made during this time period.

Can you get title insurance on a quit claim deed?

Significance. Because no warranty or guarantee is made regarding the actual state of the title when a quitclaim deed is used, title insurance cannot be obtained. Title insurance is available when a warranty deed is used, because of the clear title guarantee associated with that type of instrument.

Why would someone file a quit claim deed?

Quitclaim deeds are most often for transferring property between family members or to cure a defect on the title, such as a misspelling of a name. They may also be used when a property transfers ownership without being sold, that is when no money is involved.

Can a quit claim deed be challenged?

Though a quitclaim deed is a common way to transfer ownership, it is possible to legally challenge one. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.

Where do I file a quit claim deed in Shelby County TN?

To present a deed to be recorded in Shelby County, go to the Register of Deeds, located at 1075 Mullins Station Rd., Suite 165, Memphis, TN 38134.

Can I do a quit claim deed without a lawyer?

You can actually draw up a quitclaim deed on your own without a lawyer, though you should visit a notary public and get the form notarized. As with the creation of other legal documents, like a last will and testament, you may be able to find a quitclaim deed form online that you can easily fill out.

What are the disadvantages of a quit claim deed?

Disadvantage. The great disadvantage for the grantee who takes property using a quitclaim deed is the fact that if events prove that the grantor had no title, or limited title, to the property, the quitclaim deed does not allow the grantee to sue the grantor.

Can you add someone to a house title after closing?

After the closing, your deed will be recorded with the local municipality, making it part of the official record. The best time to mention the names you want on the deed is well before closing. However, you can add an owner to the deed after closing, as long as you understand the risks associated with it.

How do you add someone to a deed in Tennessee?

Adding someone to your house deed requires the filing of a legal form known as a quitclaim deed. When executed and notarized, the quitclaim deed legally overrides the current deed to your home. By filing the quitclaim deed, you can add someone to the title of your home, in effect transferring a share of ownership.

What is an affiant on a quit claim deed?

An affiant is someone who files an affidavit, which is a written statement used as evidence in court. Once the affiant acknowledges signing the document for its intended purpose and signs the affidavit, the document is notarized and becomes a sworn affidavit.

Is a contract for deed legal in Tennessee?

A contract for deed is a legal document that lets the buyer make payments to the seller until the amount agreed upon is paid in full. The seller retains the title to the property until the balance is paid.