New York Quitclaim Deed

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QUITCLAIM DEED THIS QUITCLAIM DEED, Executed this ____ day of __________________, 20____, by first party_________________________________________________ whose post office address is___________________________________________ to second party,_______________________________________________________ whose post office address is___________________________________________. WITNESSETH, That the said first party, for good consideration and for the sum of $_______________ paid by the said second party, the receipt whereof is hereby acknowledged, does hereby remise, release and quitclaim unto the said second party forever, all the right, title, interest and claim which the said first party has in and to the following described parcel of land, and improvements and appurtenances thereto in the County of_____________________, State of_______________, to wit: IN WITNESS WHEREOF, The said first party has signed and sealed these presents the day and year first above written. Signed, sealed and delivered in presence of: ____________________________ ______________________________ Witness First Party ____________________________ ______________________________ Witness Second Party STATE OF } COUNTY OF } On________________________________before me,__________________________, personally appeared___________________________________________________, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal. _____________________________ Signature Affiant: _____Known _____Unknown ID Produced: __________________________ [Seal]

What Is a New York Quitclaim Deed?

A New York quitclaim deed is a legal document used to transfer whatever interest a person (the grantor) currently has in a piece of real estate to another person (the grantee) without providing any warranties or guarantees about the title. It simply says, "I am transferring whatever rights I hold in this property to you." If the grantor doesn't actually own the property, or if there are liens against it, the grantee receives the property with those issues and has no legal recourse against the grantor.

When to Use a Quitclaim Deed in New York

Quitclaim deeds are fast and straightforward, making them ideal for low-risk transfers where the parties know and trust each other. Common uses in New York include:

Transferring property between family members, such as a parent to a child.
Adding or removing a spouse from the property title after marriage or divorce. Note that this is an attorney state, meaning an attorney is typically required or strongly recommended to oversee real estate transactions.
Moving real estate into a living trust or an LLC owned by the grantor.
Clearing up a "cloud" on the title, such as correcting a misspelled name on a previous deed.

New York Requirements for Quitclaim Deeds

Signing: The grantor must sign the deed.
Notarization: The grantor's signature must be acknowledged before a notary public.
Witnesses: New York does not require witnesses to sign the deed.
Recording: Record the deed at the County Clerk in the county (or town) where the property sits.
Transfer Tax / Recording Fees: 0.4% (state) + 1% NYC + mansion tax for $1M+. Recording fees apply.
Legal Description: A formal legal description must be included (metes and bounds often used).

Quitclaim Deed vs Warranty Deed in New York

The main difference between a quitclaim deed and a warranty deed in New York is the level of protection for the buyer. A warranty deed guarantees that the grantor actually owns the property free and clear of undisclosed liens, and holds them liable if title issues arise later. A quitclaim deed offers zero protection. For traditional real estate sales between strangers, a warranty deed is normally used (though NY has specific local customs), while quitclaim deeds are reserved for trusted, non-sale transfers.

Frequently Asked Questions

Does a quitclaim deed transfer a mortgage in New York?

No, a quitclaim deed only transfers the ownership interest in the property. The original borrower remains financially responsible for the mortgage unless the lender agrees to a formal assumption or the loan is refinanced.

Can I use a quitclaim deed to remove someone from a deed?

Yes, if the person being removed signs a quitclaim deed transferring their interest to the remaining owner.

Do I need an attorney for a quitclaim deed in New York?

Yes, because New York is an attorney state, you should consult one.

How long does a quitclaim deed take to process?

Once signed and notarized, the transfer is legally effective between the parties. However, it becomes public record only after it is processed by the County Clerk, which can take a few days to a few weeks.

Is a quitclaim deed safe to use?

It is perfectly safe when used between family members or trusted parties. It is not recommended when buying property from a stranger, as it offers no protection against hidden liens or title defects.