A Michigan quitclaim deed form provides no warranty of title. That means that the new owner has no legal right to sue the prior owner if there is a problem with the title to the property. The new owner simply takes whatever title that the prior owner has.

How long do you have to file a quitclaim deed in Michigan?

The statute for bringing a lawsuit based on fraud or on a contract in Michigan is six years. However, if two people claim title to the same property, the statute of limitations is fifteen years. Check with an attorney for the limitation period if you want to sue the grantor or grantee of the deed.

Can a mortgage lien be attached to a quitclaim deed?

The lien remains attached to the property until the mortgage loan is paid in full. The deed, or title to a property, and the mortgage note are two separate legal documents. Many people are under the misconception that signing over the rights to a property by executing a quitclaim deed releases them from liability for the mortgage loan.

What should I do about my mom’s Quit Claim Deed?

I am not sure of what I need to do now. I am wanting to avoid probate if possible. Ask a lawyer – it’s free! You need to have a lawyer examine the quit claim deed. Was titled transferred to you outright or in joint tenancy. If validly executed it can be recorded after your mother’s death and be a valid transfer.

Can You quitclaim your interest in a property while you have a mortgage?

You may quitclaim your interest in a property while you still owe on the mortgage; however, you will still be legally responsible for the debt owed on the property. Although there are variations on the standard warranty deed, the most common deed used to transfer property is a general warranty deed.

What are the tax consequences of quitclaiming a deed to my son?

There are tax consequences of quitclaiming a deed to a family member. Quitclaim deeds are widely used to complete real estate transfers between family members. You might want to grant your property to your son as a gift or as part of your estate planning.