Free Iowa Quitclaim Deed Form

Legal Requirements for a Valid Quitclaim Deed in Iowa

A quitclaim deed, also a quitclaim, a quitclaim deed form or a non-warranty form refers to the legal instrument stating that you are giving up your interests in real property to another person. This document mistakenly called a quit claim deed, or a quick claim deed identifies the person transferring their interests in the real property as the grantor and the recipient of the rights/ interests is the grantee.

Unfortunately, this legal instrument offers little (or no) protection to the grantee hence its use among family members. In other cases, the deed transfers interests for a property with title issues, and when uncovered, the grantee might be forced to forfeit the interests to the property. The fact that the person gives up their interests in the property for no money/ consideration is one of the reasons why the title might have defects. So, if you’d like to buy property and want assurances that the property has no title defects or prior encumbrances, you might want to consider getting a real estate warranty deed.

The other limitation of the quitclaim is that when it is used to transfer property during a divorce (or any other reason) between spouses, the deed does not change the terms of the mortgage. If you and your ex-spouse are named in the property’s mortgage, you will both be responsible for the mortgage lien after the title transfer, unless one party agrees to shoulder the mortgage debt.

Also, after death, a will that names someone else as the heir to that real property will take precedence over the quitclaim.

On the Brightside, you could use the non-warranty deed to clear a defect from the title. The title defect is also called a cloud on the title. By creating a new quitclaim, you can correct wording mistakes and other mistakes like missing signatures, or improper property records.

While the grantee gets no legal recourse for title defects, the quitclaim could work as effectively as a warranty deed when the grantor is sure that they are issuing a clear/ good title.

What makes a valid quitclaim?

For a quitclaim deed in Iowa to be deemed legal or valid, meaning the conveyance of the rights to the property can be recorded in the public records, the deed must have specific details and recorded in the right format. For an idea on how the document is expected to look like, check out free deed samples and PDF templates online.

• You might also go straight to the quitclaim preparation process by downloading a free Iowa quitclaim deed online. Once you have the form, ensure it has the following details as required by the statutes under code section 558.19.

• • It must have the names and the actual mailing addresses of both the grantor and the grantee

  • If the grantee pays a consideration for interests in the property, the amount and the type of consideration should be identified.

  • The deed must have the full legal description of the property under conveyance

  • Under section 561.13 of the statutes, it is necessary that both spouses sign the deed if the conveyance is for a property regarded as a homestead. This stands whether or not both spouses have an ownership interest in the real property.

  • The grantor has to sign the deed

  • Every signature in the deed must be accompanied by the printed or the typed name of the signer, and the notary public must acknowledge all the signatures in the document. An alternative to the notary public is an individual authorized by the court.

  • The first page of the deed must have specific information. These details include the name and the mailing address, as well as the phone number of the person preparing the quitclaim. The deed should also have the name and the mailing address of the individual to whom all the future tax statements will be mailed to. The deed should also indicate the return address to be used for future record keeping.

  • The deed must also be titled as a quitclaim

  • Other important details include the parcel’s tax ID, as well as the page, book or number of the conveyance that transferred the real property to the grantor.

Recording

The state of Iowa follows the “Notice” recording statute, as defined under code section 558.41.

This statute notes that no deed is valid if it is not recorded in the county public records. In this case, if after a conveyance, the grantee fails to record the property conveyance and the grantor later conveys the same property to a bona fide purchaser for value, the first grantee (who didn’t record the conveyance) loses the property interests and the new grantee who’s paid for the property earns the rights to the property.

Therefore, the “notice” statute invalidates any unrecorded deed. The only way to avoid this is by recording a deed as soon as it is executed.

• The recording format of the quitclaim deed follows the requirements of the state code 331-606B. The formatting standards are as follows:

• • The pages of the deed shouldn’t be bound or connected permanently.

  • You shouldn’t clip or attach anything to the pages

  • Use a 10-point text (minimum) and use permanent black ink for printing

  • Printing for all the documents should be on a plain white paper weighing a minimum of 20lbs

  • Every signature on the document must be an original signature, in permanent black or dark blue ink

  • Regarding the formatting of the pages: the first page should have a 3” margin at the top, and a 1” margin at the bottom, right, and left. All the other pages must have 1” margins all around.

Are you interested in transferring your interests in a residential property to a loved one in Iowa City, Des Moines, Davenport, Ames, Cedar Rapids, Waterloo, Sioux City or any other city in Iowa? Download our free quitclaim deed form here to get started today.