Question 1

Can I use a quitclaim deed to transfer property to my LLC?

Accepted Answer

Yes, a quitclaim deed is commonly used to transfer property from an individual to their own LLC for asset protection purposes. Since you are both the grantor and the effective owner of the LLC, the lack of title warranties is not a concern. However, be aware that this transfer may trigger a "due on sale" clause in your mortgage if you have one, though lenders rarely enforce this for transfers to the borrower's own LLC. You should also check whether the transfer triggers any state or county transfer taxes. Some states exempt transfers to entities wholly owned by the grantor from transfer taxes.

Question 2

What are the six covenants of a general warranty deed?

Accepted Answer

A general warranty deed traditionally includes six covenants: (1) Covenant of Seisen -- the grantor owns the property and has the right to convey it; (2) Covenant of Right to Convey -- the grantor has the legal authority to transfer the property; (3) Covenant Against Encumbrances -- the property is free of liens, easements, or encumbrances not disclosed in the deed; (4) Covenant of Quiet Enjoyment -- the buyer will not be disturbed in their possession by someone with a superior title claim; (5) Covenant of Warranty -- the grantor will defend the buyer's title against all lawful claims; and (6) Covenant of Further Assurances -- the grantor will execute any additional documents needed to perfect the buyer's title.

Question 3

Does a quitclaim deed transfer mortgage responsibility?

Accepted Answer

No. A quitclaim deed transfers ownership interest in the property but does not transfer mortgage responsibility. The person who signed the mortgage and promissory note remains personally liable for the loan regardless of any deed transfer. If you quitclaim your interest in a property to someone else but your name is on the mortgage, you remain responsible for the payments. To transfer mortgage responsibility, the new owner must refinance the loan in their own name, or the lender must agree to a formal loan assumption. This distinction is critically important in divorce situations.

Question 4

Can a quitclaim deed be reversed?

Accepted Answer

A quitclaim deed, like any deed, is generally final once properly executed, delivered, and recorded. It cannot simply be "reversed" by the grantor. To undo a quitclaim deed transfer, the current owner (the person who received the property) would need to execute a new deed transferring the property back. If the current owner refuses, the original grantor would need to go to court and prove grounds for setting aside the deed, such as fraud, duress, undue influence, lack of mental capacity, or mistake. Courts set a high bar for invalidating recorded deeds to protect the stability of real property records.

Question 5

Should I get title insurance even with a warranty deed?

Accepted Answer

Yes, absolutely. While a warranty deed gives you legal recourse against the grantor for title defects, that recourse is only as good as the grantor's financial ability to pay. If the grantor is insolvent or cannot be located, the warranty covenants are worthless. Title insurance provides an independent guarantee backed by a financially stable insurance company. It covers title defects, undisclosed liens, forgeries, recording errors, and other issues that may not be discovered even in a thorough title search. Mortgage lenders universally require title insurance, and buyers should always purchase an owner's policy in addition to the lender's policy.

Feature	Quitclaim Deed	Warranty Deed
Title Guarantees	None; the grantor makes no promises about whether they actually own the property or whether the title is clear	Full guarantees that the grantor owns the property, has the right to sell it, and that it is free of undisclosed encumbrances
Risk Level	Highest risk for the buyer; no recourse if title defects are discovered later	Lowest risk for the buyer; the grantor is personally liable for any title defects
Title Search	Typically used without a title search, relying on the relationship between the parties	Almost always accompanied by a title search and title insurance
Common Use Cases	Transfers between family members, divorce settlements, adding/removing a spouse from title, clearing title defects	Arm's-length real estate sales, bank-financed purchases, commercial transactions
Title Insurance	Title insurance is generally not available or not issued for quitclaim transfers	Title insurance is standard and typically required by lenders
Cost	Less expensive because no title search or title insurance is involved	More expensive due to title search, title insurance, and more detailed legal review
Lender Acceptance	Not accepted by lenders for financed purchases	Required by virtually all mortgage lenders

Quitclaim Deed vs Warranty Deed: Key Differences Explained (2026)

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