The Nebraska quitclaim deed is a document that enables the grantor (the seller) to transfer the property to the grantee (the buyer).
Compared to other forms of deeds, the quitclaim deed has the simplest form, which is suitable for the quick and simple transfer of property.
However, the general quitclaim deed doesn’t provide any warranties for the grantee (buyer). By signing the quitclaim deed, the grantor simply transfers their interests in the property to the grantee without providing any guarantee that there are no other claims against the property title.
Therefore, the grantee should always do the property search and make sure there are no restrictions on the title that will limit the rights of the new property owner.
Quitclaim Deed Important Laws & Requirements in Nebraska
Laws & Requirements
Statutes: Chapter 76 (Real Property)
Signing requirements: The grantor must sign the quitclaim deed before the notary public. (§ 76-211)
Recording rules: The parties should submit the quitclaim deed for registration at the Register of Deeds according to the location of the property.
Recording fees: the parties must pay $10 for the first page and $6 for each additional page. (§ 33-109)
When to Use a Quitclaim Deed in Nebraska
The features of the Nebraska general quitclaim deed make it a suitable solution for a few transactions and legal actions.
#1. Title Modifications
The quitclaim form is a simple solution for making changes to the property title. The grantor can make the changes and modifications in the title for the following reasons:
Quitclaim Deed Title Alteration
To correct the errors in the title
For updating the information in the title
To add or remove the people from the title
#2. Property Transfer
The most common use of the quitclaim deed is for property transfer. Compared to the other forms of deeds, the quitclaim deed is a simpler and faster way to make the transfer.
However, the quitclaim doesn’t provide any buyer protection. The grantee obtains the property without any warranty that the title is free of other claims and restrictions.
#3. Living Trust Transfer
The grantor can use the quitclaim deed to transfer the property from their assets to their living trust. This kind of action doesn’t require any additional warranties and is suitable for the quitclaim deed transfer.
How to Create a Quitclaim Deed in Nebraska
#1. Fill Out The Form
The quitclaim deed should include information about the grantor and grantee, such as their full names, mailing addresses, and marital status.
For the grantee, the form should also include information about the vesting. This provides additional information on how the grantee will hold the property title. This can be sole ownership or co-ownership.
#2. Add the “Note Consideration”
The note description provides information on the value of the transferred property. The quitclaim deed can provide the transfer with or without consideration (as a gift).
The consideration can be in the form of a money transfer, the default on a debt, the provision of certain services, or any other kind of value.
#3. Write the Legal Description
A precise legal description in the quitclaim deed enables a clear chain of title for the transferred property. It usually includes the plot number and other information that will help the parties individualize the property. In some cases, the parties will include a description of the property boundaries in the quitclaim deed if the plot number is not available.
#4. Sign & Get it Notarized
The grantor should sign the quitclaim deed before the notary public.
#5. File the Quitclaim Deed
Finally, the parties must register the deed before the authorized governmental agency.
Where to File a Quitclaim Deed in Nebraska
The parties in Nebraska should file the quitclaim deed with the Register of Deeds.