Quitclaim Deed

Deed conveying whatever property interest the grantor has, if any, without title warranties.

A quitclaim deed is a deed that conveys whatever interest the grantor has in the described property, if any, without promising that the grantor owns that interest or that title is free of claims.

Why It Matters

A quitclaim deed matters because it can transfer a real ownership interest while giving the recipient no title warranties. If the grantor owns nothing, the recipient generally receives nothing through that deed. Recording the document makes the claimed transfer visible; it does not prove the grantor had valid title.

Quitclaim deeds are often used for transfers between spouses or family members, trust funding, estate administration, and title cleanup. They are not inherently defective documents, but they provide less assurance from the grantor than warranty-deed forms.

Most importantly for borrowers, changing title does not by itself change the Promissory Note. A person who signs away an ownership interest can remain liable for the mortgage debt until the lender releases that person, the loan is paid off, or a refinance replaces it. A transfer can also raise lender-consent, insurance, tax, or due-on-sale questions, so borrowers should not record a do-it-yourself deed without transaction-specific guidance.

Where It Appears in the Borrower Process

Borrowers may encounter a quitclaim deed during a purchase title review, refinance, divorce-related transfer, estate or trust change, or correction of a possible ownership claim. The title provider determines whether the proposed deed will satisfy the relevant Title Requirement.

The grantor signs the deed according to state execution rules, and it is delivered and recorded in the county land records. The lender separately decides whether the ownership change is permitted and who must sign the new or existing loan documents.

What a Quitclaim Deed Does and Does Not Do

QuestionEffect of the deed
Can it convey an ownership interest?Yes, to the extent the grantor actually has that interest
Does it promise that the grantor owns the property?No
Does it promise that title is free of liens or competing claims?No
Does it release the grantor from a mortgage note?No, not by itself
Does it release an existing mortgage lien?No
Does recording make the deed part of the public chain of title?Generally yes, if accepted for recording

Quitclaim Deed Compared with Nearby Deeds

Deed typeBorrower-facing distinction
Quitclaim deedConveys the grantor’s interest, if any, with no title warranty
General Warranty DeedConveys ownership with broad title covenants
Special Warranty DeedConveys ownership with limited title covenants
Grant DeedState-specific transfer form that may carry limited implied covenants
Deed of TrustCreates a security interest for mortgage debt rather than transferring the seller’s ownership

Practical Example

Alex and Jordan both own a home and both signed the existing mortgage note. Their divorce agreement awards the home to Jordan, and Alex signs a quitclaim deed conveying Alex’s ownership interest. That deed can change title, but it does not erase Alex’s promise to repay the existing loan.

Jordan later refinances in Jordan’s name alone. The refinance pays off the old mortgage, and the title company records the approved ownership and lien documents. The payoff, not the earlier quitclaim deed, ends liability under the old note according to its terms.

How It Differs From Nearby Terms

Quitclaim deed differs from Warranty Deed because a warranty deed contains title covenants; a quitclaim deed does not.

It differs from a Deed of Trust because a deed of trust secures repayment, while a quitclaim deed conveys the grantor’s property interest.

It differs from a Release of Lien because a lien release clears the lienholder’s recorded claim. A quitclaim deed does not release a mortgage merely because a borrower signs it.

Knowledge Check

  1. What does a recipient receive through a quitclaim deed? Whatever interest the grantor actually has in the described property, if any.
  2. Does a quitclaim deed promise that title is clear? No. It contains no title warranties.
  3. Does signing a quitclaim deed remove the signer from the mortgage note? No. Ownership and loan liability are separate; the lender or a payoff must address the debt obligation.
Revised on Sunday, August 30, 2026