A Nebraska quitclaim deed is a legal instrument used to transfer interest in real property from one party (the grantor) to another (the grantee) without warranty regarding the quality of the title. This document transfers any ownership interests the grantor might hold without assuring the recipient that the title is clear.
A quitclaim deed form is the best option for transferring real estate without a sale, such as between relatives or to clear up a title issue. The grantee must understand that this form offers the least protection among all types of deeds in Nebraska, as it does not guarantee that the grantor owns the property or that there are no liens against it.
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Specific sections of the Nebraska Revised Statutes govern quitclaim deeds in this jurisdiction.
Under Nebraska Revised Statute, Section 76-211, the grantor must sign a quitclaim deed in the presence of a notary public to affirm the signature’s authenticity.
According to Sections 76-237 and 76-238 of the Nebraska Revised Statutes, for a quitclaim deed to be effective and enforceable against third parties, it must be recorded with the register of deeds in the county where the property is located.
The recording is considered effective from when the deed is delivered to the register of deeds, thus protecting the grantee against claims from subsequent purchasers or creditors who might have no notice of the prior transaction.
Nebraska Revised Statutes, Section 23-1503.01, outlines specific format requirements for instruments submitted for recording, including quitclaim deeds. The document must leave a blank space for recording information at the top of the first page. Text must be printed, typewritten, or computer-generated in black ink on white paper.
Fees associated with recording a quitclaim deed are specified in Section 33-109. The fee structure includes $10 for the first page and $6 for each additional page. If an instrument lacks the required space or formatting, additional fees may be incurred to accommodate the necessary adjustments to the document before recording.
When a deed, land contract, or contract memorandum is offered for recording in Nebraska, a Real Estate Transfer Statement (Form 521) must be submitted.
This guide will walk you through the steps necessary to complete and file a quitclaim deed in Nebraska.
Prepare the Deed
You can download a standard Nebraska quitclaim deed form in PDF format or use our document builder. This form will have sections that require detailed information about the grantor, the grantee, and the property itself. Fill out the “Prepared By” section with your information as the person preparing the deed.
Enter the Consideration
In the designated area of the form, specify the consideration, which is the value being exchanged for the property. It can be a monetary amount or other valuable consideration. If the property is being transferred as a gift, check the appropriate box indicating “no cash consideration.”
Describe the Property
Provide a complete legal description of the property in the “Legal Description.” This description should match the one used in previous deeds to ensure consistency and legal clarity. It might be detailed in an attached exhibit called “Exhibit A.”
Include Grantor and Grantee Information
Fill out the names and addresses of the grantor and grantee in the respective fields. These must be accurate and spelled correctly to avoid issues with the deed’s legality or during the recording process.
Signatures and Notarization
The grantor must sign the deed in the presence of a notary public. To comply with Nebraska law, ensure that all required parties (which may include witnesses depending on local requirements) are present during the signing.
Record the Deed
Once the deed is signed and notarized, it needs to be recorded with the county clerk’s office in the county where the property is located. The fees must be paid at the time of recording.
