7 How Do Minnesota Quitclaim Deed Forms Relate to Other Forms of Deeds? Minnesota deeds have no implied covenants or warranties unless a deed relies on the statutory warranty deed form. ![]() 6 Texas deeds, for example, automatically include implied warranties unless a deed specifically says there is no warranty. ![]() This is due to state-specific statutes that make quitclaim deeds less effective. Lawyers in some states use deeds without warranty or no-warranty deeds to convey real estate with no warranty of title. Minnesota quitclaim deeds often state that the current owner “conveys and quitclaims” the property to the new owner. ![]() The word quitclaim can be a verb that means transferring real estate with no warranty. A quickclaim deed, though, is not a legitimate legal document. 4 Quit claim deed is also acceptable, as is release deed. Minnesota’s statutory form also uses quitclaim deed, and other code sections use the more formal-sounding deed of quitclaim and release. Minnesota lawyers and courts most commonly use quitclaim deed as the name for a deed without warranty of title. Other Names for a Minnesota Quitclaim Deed Form The current owner is simply making no promises one way or the other. If another person has a superior claim on the property, the new owner cannot sue the prior owner for breach of warranty because a quitclaim deed provides no warranty.Ī quitclaim deed does not imply that there actually are problems with the property’s title. Unpaid tax liens, boundary disputes, and chain-of-title issues-for example-are the new owner’s responsibility. The new owner taking title through a quitclaim deed assumes all risk of title problems-also called title defects. The owner does not guarantee a clear title or that the owner legitimately owns the property. A property owner who signs a quitclaim deed makes no representations about the status of the property’s title. Minnesota quitclaim deeds provide no warranty of title. Warranty of Title and Minnesota Quitclaim Deeds 3 For example, the prior owner is responsible for the cost of removing any outstanding liens affecting the property’s title. A new owner who suffers financial loss due to title problems can recover monetary damages from the prior owner. 2Ī property owner who gives a warranty of title agrees to bear the risk of unknown problems with the property’s title.
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