A Mississippi quitclaim deed is a legal instrument that swiftly conveys property ownership but does not provide assurances regarding the title’s validity. Commonly used among relatives or to resolve disputes over title, it merely transfers whatever interest the grantor possesses in the property — without confirming the clarity of the title or the grantor’s ownership.
Mississippi quitclaim deeds are helpful like transferring real estate to a trust, resolving uncertainties in the boundary, or changing the title among family members. However, due to the lack of warranty, anyone receiving this deed form should conduct thorough due diligence on the property’s history and title.
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Quitclaim deeds are a simple but effective legal instrument used in Mississippi property transfers.
The Mississippi Code, Section 89-1-39, stipulates that a quitclaim deed effectively transfers the grantor’s interest in the property at the time of conveyance. The grantor and their heirs are also estopped from asserting any future claims against the property if they acquire a new, adverse title.
The grantor must sign the quitclaim deed in the presence of a notary public. The notary must then acknowledge the signature to confirm the grantor’s identity.
Once signed and notarized, the quitclaim deed must be recorded to be effective against third parties. The recording requirements, guided by Section 89-3-1 of the Mississippi Code, mandate that the deed must be presented to the chancery clerk in the county where the property is located.
The Mississippi Code, Section 89-5-24, specifies the format requirements for documents, including quitclaim deeds, to be recorded. Documents must be printed on one side of the page, use a font no smaller than ten-point, and be sufficiently legible to produce a clear reproduction. The first page should include a three-inch margin at the top for the recorder’s use.
According to Section 25-7-9, the fee for recording a document, such as a quitclaim deed, starts at $25.00 for the first five pages and $1.00 for each additional page. These fees are charged by the chancery clerk and are used to cover the costs associated with maintaining and storing public records.
Always double-check that all information you write in the quitclaim deed form is accurate to prevent any issues with property transfers.
Complete the Quitclaim Deed Form
Start by filling out the quitclaim deed form accurately. Include the full names and addresses of the grantor and grantee, as shown on the form. You must also provide a complete legal description of the property, often found on a previous deed or obtained from the county recorder’s office. Include the Tax Parcel ID Number, which is crucial for property identification.
Include the Consideration
Input the amount of money (consideration) being exchanged for the property, if applicable. This can be a nominal amount like $10, often used in family transfers or the purchase price. To avoid discrepancies, the form will require you to state this amount in numeric and written form.
Sign in Front of a Notary
The grantor must sign the quitclaim deed in the presence of a notary public. This step is critical as the notary must verify the grantor’s identity and witness the signing. The notary section of the deed will be completed by the notary, who will affix their seal, making the document legally binding.
Prepare the Property Disclosure Statement
According to Mississippi Code, Section 89-1-503, the grantor must complete a property condition disclosure form and provide it to the grantee before the transfer of title. This statement outlines the condition of the property and any known issues that could affect its value. While this step is not part of the deed itself, it is a legal requirement for most real estate transactions in Mississippi.
Record the Deed at the Chancery Clerk’s Office
Take the notarized quitclaim deed to the chancery clerk’s office in the county where the property is located for recording and pay a fee. This step formalizes the change in ownership.
