does a quit claim deed need to be recorded?

Gladys
Home Buyer
Ingleside, IL

what if the real estate deed is not recorded after a years, is it still valid

Answers (2)
Mwass
Agent
Chicago, IL

an unrecorded quit claim deed "MIGHT" be valid, provided that all legal requirements were met when it was given by the grantor (owner) to the buyer (grantee).

recording the document is always RECOMMENDED because it "proves" the transfer of title by making it a public record. for example, if the grantor gave a subsequent deed to someone else who recorded first, the hold of the quit claim might have problems.

if the holder of the quit claim intends to sell the property to someone else, AND if the buyer asks for title insurance, the deed will DEFINITELY have to be recorded

Tue Apr 15 2008, 08:49
www.themlshu...
Broker
Roseville, CA
FIRST ANSWER

Hi Gladys. The purpose of recording a deed is to give notice to the general public so that nobody can say they did not know. Knowledge of the public record is imputed. For instance, if someone buys a piece of property (all cash), but never records the deed, he still owns the property, but if the former owner were to sell the property again to another third party who does not know anything about the prior sale, then the first purchaser can't complain to the second purchaser. The second purchaser would be considered a bona fide purchaser because he did not know that the prior owner was no longer the owner and he could not have found out by looking at the public records because the first buyer did not record the deed. Thus, if you don't want trouble down the road, you definitely should record the quit claim deed. Otherwise, it's only good between you and the person who signed it. It really doesn't do you a whole lot of good. Unless the quitclaim deed was somehow rescinded, I see no reason why it would not be valid anymore. It's not like there's some kind of an expiration date on it. I have to add my usual disclaimer. I am not an Illinois attorney and I would recommend that you seek legal advice from a licensed attorney to make sure that there are no special requirements under Illinois law. Good luck.

Tue Apr 15 2008, 08:44

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