New York City real estate attorney Peter Zinkovetsky (https://www.avenuelawfirm.com/what-is-a-quitclaim-deed-in-new-york/) of Avenue Law Firm has recently published a comprehensive article titled ‘What is a Quitclaim Deed in New York?’. The piece provides an in-depth analysis of quitclaim deeds, a legal instrument commonly employed in property transfers, as well as detailing the specifics of their use in New York State.
Peter Zinkovetsky, a respected New York City real estate attorney, clarifies the nature of quitclaim deeds. He explains that these deeds enable a grantor to swiftly transfer any interests they possess in a property to a grantee, without the need for a title search or title insurance. While this approach is efficient, it offers the least security among real estate deeds in New York. Zinkovetsky emphasizes the value of legal counsel in real property law matters, especially when dealing with quitclaim deeds.
In the article, the New York City real estate attorney goes on to define quitclaim deeds as legal documents that allow the grantor to “quit” any “claim” they have on a property. However, Zinkovetsky warns that the use of a quitclaim deed does not necessarily entail that the grantee will obtain sole ownership. Instead, the deed merely signifies the grantor’s relinquishment of their share of property ownership.
Zinkovetsky points out that quitclaim deeds do not require a title search or insurance nor do they provide actual proof that the grantor has a relationship with the property. “Quitclaim deeds only serve as proof that the grantor is transferring any sort of relationship they have on the property to the grantee,” he states.
Despite the limited security offered by quitclaim deeds, Zinkovetsky outlines situations where they might prove useful such as transferring co-ownership of a property to a spouse after marriage, giving an ex-spouse sole ownership of a property after a divorce, transferring a co-owner’s interest in a commercial property, transferring property ownership to a family member or a revocable trust.
The New York City real estate attorney also addresses the issue of tax liabilities and mortgages on properties. He emphasizes that quitclaim deeds do not alter or affect liability on any mortgages on the property. The grantor’s name should be excluded from any liability on mortgages related to the property that has been quitclaimed. The same principle applies to any taxes owed on the property.
Zinkovetsky also provides a step-by-step guide on how to file a quitclaim deed form in New York. He explains the process of drafting, recording, and filing the deed and accompanying forms. He also discusses the associated fees and the importance of consulting with a competent real estate attorney to ensure that the quitclaim deed is accurate and legally binding.
In closing, Zinkovetsky advises that while quitclaim deeds are a quick and effective way to transfer property, they should only be used when the grantor has a clear right to the property. He also encourages prospective grantors and grantees to consult with a skilled real estate attorney to prepare the quitclaim deed and accompanying documents and ensure they are filed correctly.
The article provides an opportunity to understand the complexities of quitclaim deeds in New York State from a legal perspective. For further clarity on this topic or any other real estate issues, interested parties are encouraged to reach out to their trusted legal counsel for personalized advice.
About Avenue Law Firm:
Avenue Law Firm is a trusted legal partner in New York City, providing quality legal counsel in matters of real property law. The firm aims to help clients understand legal processes such as quitclaim deeds and other real estate transactions. With a team of dedicated attorneys experienced in various real estate matters, Avenue Law Firm strives to protect the rights of New Yorkers and keep their best interests in mind during every transaction.
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