An Iowa quitclaim deed is a legal instrument to transfer property from one party (the grantor) to another (the grantee) without any warranties regarding the title’s quality. This means the grantor does not guarantee that they hold clear ownership or that it’s free from other claims, such as liens or encumbrances. In Iowa, such deed forms are frequently used to transfer property among family members or move real estate into a living trust.
While these documents are simple and useful in the right situations, they come with risks due to the lack of guarantees about the title. Potential buyers or inheritors receiving property via quitclaim deeds in Iowa should consider conducting a thorough title search to protect themselves against possible issues.
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The legal framework for executing a quitclaim deed is specified in Iowa Code, Chapter 558 (Conveyances).
Under Iowa Code, Section 558.20, any deed or legal instrument conveying or encumbering real estate must have its acknowledgment comply with the provisions of Chapter 9B (Notarial Acts). Importantly, this applies whether the acknowledgment is made within Iowa, elsewhere in the United States, internationally, or under federal jurisdiction.
The State of Iowa requires the submission of additional forms to complete the filing process:
When filed with the County Recorder, these forms must be attached to the quitclaim deed.
The filing process for a quitclaim deed in Iowa is governed by Iowa Code, Section 558.11, which requires the deed to be recorded with the county recorder’s office in the county where the property is located.
Iowa Code, Section 558.19 outlines acceptable forms of conveyance, including language for quitclaim deeds. The statute provides a template that may be adapted to fit specific circumstances.
The fee for recording a property transfer in the county records is $5 for each real estate transaction described in Section 558.57. The maximum fee for a single transfer described in one instrument does not exceed $50 (Section 331.507).
The fees for filing and recording a quitclaim deed vary by county. It’s advisable to contact your local recorder’s office to obtain specific information.
Filling out and filing a quitclaim deed in Idaho involves a straightforward process that transfers rights to property from one party to another without warranties:
Once completed and notarized, take the quitclaim deed to the county recorder’s office where the property is located. Pay the required fee for recording, which ensures that the deed is added to the official county records.
