by A quitclaim deeds form in real estate is often seen as the fastest way to transfer property but speed is exactly what makes lawyers uneasy.
At first, it looks simple. No long title searches. No ownership guarantees. Just a deed form, a signature, and a notarization. For family transfers, divorce settlements, or trust changes, many people assume to notarize quitclaim deed is good enough.
Most real estate disputes involving quitclaim deeds don’t happen because people want to cheat the system. They happen because people don’t understand the risks.
This blog breaks down what lawyers actually warn about, where people commonly make mistakes, and how proper document notarization through eNotary On Call protects your transaction.
What Is a Quitclaim Deed in Real Estate?
A quitclaim deed is a legal deed form that transfers whatever ownership interest a person may have in a property without guaranteeing that the ownership is valid, clear, or free of claims.
In other words:
- The person signing the deed gives up their claim, if any
- The recipient accepts the property as is
- No promises are made about liens, mortgages, or legal ownership
This makes a quitclaim deed very different from a warranty deed and far more risky in certain real estate situations.
Also Read – What Is a Quitclaim Deed Form and When Is It Used?
Why Are Quitclaim Deed Forms Used So Often?
If quitclaim deeds carry risks, why are they so popular? Because they are:
- Fast
- Simple
- Low-cost
- Common in trust-based transfers
They’re often used for:
- Property transfers between family members
- Divorce or separation settlements
- Moving property into or out of a trust
- Correcting name or clerical errors
What Lawyers Warn About When Using a Quitclaim Deed Form?
The following are some reasons:
1. No Legal Guarantee of Ownership
A quitclaim deed does not confirm that the grantor legally owns the property.
If there’s a title defect, a missing heir, or a prior claim, the new owner inherits the problem without legal protection.
2. Existing Liens and Mortgages Do Not Disappear
One of the biggest misconceptions is that a quitclaim deed removes financial obligations.
It doesn’t.
If there’s a mortgage, tax lien, or judgment attached to the property, it stays even after a quick deed transfer in a mortgage situation.
3. Higher Risk of Fraud and Forgery
Because quitclaim deeds are often informal, they’re commonly misused. From a law & order quit claim standpoint, courts frequently see:
- Forged signatures
- Identity impersonation
- Improper or rushed notarization
And when notarization is flawed, the deed itself becomes vulnerable.
4. Notarization Errors Can Invalidate the Deed
This is where many people go wrong.
A missing acknowledgment, incorrect certificate wording, or non-compliance with state law can lead to:
- Rejection by the county recorder
- Title insurance refusal
- Legal challenges years later
In real estate industry, a deed is only as strong as its notarization.
Also Read – How a Quitclaim Deed Form Works in Property Transfers?
Why Remote Online Notarization Matters More Than the Deed Form Itself?
Here’s a question most people don’t ask early enough:
- Will this quitclaim deed actually hold up if someone challenges it?
Courts don’t just look at the deed form. They look closely at:
- Identity verification
- Notary authority
- State compliance
- Execution accuracy
This is why professional online notary service Florida isn’t optional, it’s foundational.
Is an Online Quit Claim Deed Form Safe to Use?
Yes, but only if notarized correctly. An online quit-claim deed form is legally valid in many states. The real risk comes when people:
- Use generic templates without guidance
- Skip state-specific notarization rules
- Use uncertified or inexperienced notaries
The form itself does nothing without legally compliant notarization.
State Laws Matter: Online Notary Rules Aren’t Universal!
The following are some:
1. Online Notary in Texas
Texas fully permits remote online notarization for real estate deeds. But notarization must follow Texas-specific RON laws, including identity proofing and proper acknowledgment language.
2. Online Notary in Florida
Florida also allows online notarization, but only when executed under strict compliance rules. Improper notarization can result in recording rejection. This is why using a notary unfamiliar with state law is risky.
When Should You Involve a Quick Deed Lawyer?
A quick deed lawyer should be consulted if:
- The property has an active mortgage
- Ownership history is unclear
- The transaction involves a high property value
- The deed is part of a legal settlement
Even then, lawyers rely on accurate notarization to ensure the deed is enforceable.
How does eNotary On Call Handles Your Quitclaim Deed Notarization?
At eNotary On Call, our role is simple but critical: to make sure your quitclaim deed is notarized correctly, legally, and securely every single time. What we provide:
- A certified notary at eNotary On Call
- Secure identity verification
- State-compliant online notarization
- Experience with real estate deed execution
- Support for Texas, Florida, and other RON-enabled states
We don’t replace legal advice, but we prevent the notarization mistakes that cause most quitclaim deed problems.
How to Notarize a Quitclaim Deed Online?
In order to notarize a quitclaim deed online, you need to:
- Upload your quitclaim deed form
- Complete secure identity verification
- Meet the remote online notary online in real time
- Receive a legally notarized deed ready for recording
Conclusion
A quitclaim deed in real estate is not inherently dangerous, but it is unforgiving of mistakes. What looks like a simple transfer can turn into:
- Title disputes
- Mortgage surprises
- Court challenges
Most of these issues stem from improper notarization, not bad intentions. That’s why choosing a certified notary at eNotary On Call isn’t just about convenience; it’s about legal protection. If you’re using a quitclaim deed, make sure it’s done right the first time.
FAQs
1. Is a quitclaim deed form in real estate legally binding?
Yes, when executed and notarized correctly.
2. Can a quitclaim deed remove someone from a mortgage?
No. Mortgage obligations remain unless the lender approves changes.
3. Is online notarization valid for quitclaim deeds?
Yes, in states like Texas, Florida and many more, when done compliantly.
4. Do I need a lawyer to use a quitclaim deed?
Not always, but legal advice is recommended for complex situations.
5. Can eNotary On Call notarize quitclaim deed remotely?
Yes. Our certified notaries regularly handle quitclaim deeds.
6. Why do courts reject quitclaim deeds?
Most rejections happen due to notarization errors, not the deed itself.
