Missouri Quit Claim Deed Problems
Quit claim deeds are convenient but can create serious title issues. Learn what problems they cause and how to fix them.
What is a Quit Claim Deed?
A quit claim deed transfers whatever ownership interest the grantor has – if any. Unlike a warranty deed, it makes no promises about the quality of title. The grantor is essentially saying: "I'm giving you whatever I have, but I'm not guaranteeing I have anything."
Warranty Deed
- Guarantees grantor owns the property
- Guarantees right to convey
- Guarantees against encumbrances
- Promise to defend title
- Title insurance readily available
Quit Claim Deed
- NO guarantee of ownership
- NO guarantee of right to convey
- NO guarantee against liens
- NO promise to defend
- Title insurance may be denied
Common Quit Claim Deed Problems
Grantor Didn't Actually Own the Property
With a quit claim, if the grantor had no ownership, you received nothing. You have no legal recourse against them because they made no warranty about owning the property.
Hidden Liens or Encumbrances
The property may have liens (tax liens, judgments, mortgages) that the grantor didn't disclose. With a quit claim, you inherit these problems with no recourse.
Cannot Get Title Insurance
Title companies may refuse to insure property transferred by quit claim, especially if there's a gap in the chain of title or suspicious circumstances.
Cannot Get Financing
Lenders often won't finance property acquired by quit claim deed without additional steps like a quiet title action or waiting period (often 12-24 months).
Deed Was Improperly Executed
Missing signatures, improper notarization, or incorrect legal description can make the deed invalid. This requires a corrective deed or court action to fix.
When IS a Quit Claim Deed Appropriate?
Between Family Members
Transferring property between spouses, parents and children, or siblings where title history is well known.
Adding/Removing Spouse
Adding a new spouse to title after marriage, or removing an ex-spouse after divorce.
Transfer to Trust
Moving property into your own living trust for estate planning purposes.
Clearing Title Clouds
Getting a quit claim from someone who may have a potential claim to clear a cloud on title.
How to Fix Quit Claim Deed Problems
Get a Corrective or New Deed
If the original grantor is willing and able, have them sign a corrective deed fixing errors, or a warranty deed providing better protection.
Quiet Title Action
File a lawsuit asking the court to declare you the rightful owner. This "quiets" competing claims and provides marketable title.
Obtain Affidavits
For minor issues, an attorney may prepare affidavits addressing specific defects that satisfy title insurance requirements.
Wait It Out
Some lenders and title companies will work with quit claim transfers after a waiting period (12-24 months) if taxes are paid and property maintained.
Related Title Topics
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Start Free CheckupImportant: This information is for educational purposes only and does not constitute legal advice.
We are not a law firm or title company. For legal matters regarding deeds, please consult a Missouri real estate attorney.
Questions? Call us for a free consultation.