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Gladys, Home Buyer in Ingleside, IL

does a quit claim deed need to be recorded?

Asked by Gladys, Ingleside, IL Tue Apr 15, 2008

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

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I'm not an attorney mind you but my knowledge and experience allows me to offer you this information. A deed does not need to be recorded or even acknowledged to be valid. It is the Grantor's intent that governs the validity of a quit claim deed meaning that the grantor has delivered the quit claim deed with the intent of transferring title, and the grantee has accepted it. Constructive delivery acknowledged by both parties must be evident and the deed must be delivered while the grantor is alive or it bears no legal effect.

Even if the Grant Deed is recorded providing constructive notice to all parties it still may not be valid unless the grantee accepts it but a recorded deed does provide unresputed construcive notice to the grantee as long as the grantor is within the chain of title for the property or proven owner of the property somewhere down the line.

A quitclaim deed is typically used to clear up a cloud on title such as a technical flaw in an earlier deed such as a mispelling or an error in the property description. It offers no warranties of any sort. A quitclaim deed is also used when the grantor is not sure of the validity of his or her title and wants to avoid giving any warranties.

Too much technical talk? I'm sorry. It can be technical depending upon the circumstances. Hope I helped. Good luck!
1 vote Thank Flag Link Wed Apr 30, 2008
If a Quit is not recorded, when it comes time to sell the property, there is a very real possibility that a cloud on title will surface. I recommend that all deeds be properly recorded.

Chris Bowman
Remax Experts - Buffalo Grove Illinois
Broker, Realtor®
http://www.suburbanestates.com
847-507-6047
0 votes Thank Flag Link Wed Apr 16, 2008
No deed NEEDS to be recorded but it is wise to record any deed as it puts the public and anyone with an interest in the property on notice that someone has a claim on title.
0 votes Thank Flag Link Tue Apr 15, 2008
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