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A quitclaim deed in Nebraska is a legal document used to convey real estate to a new owner within the state. A quitclaim deed is often used between family members or in divorces to transfer ownership interest to a person in an expeditious manner. The tradeoff is that there is no guarantee that the property is free of any encumbrances. There is also no guarantee that the seller has the legal right even to sell the property.
Because of the potential pitfalls that may come from a quitclaim deed, especially in transactions between strangers, the buyer needs to conduct a title search on the property to ensure that there is a good title.
If the parties wish to transfer the property in a manner that protects the new buyer, they should look at another type of deed, such as a general warranty deed or a special warranty deed. If you're not sure what type of deed you should use, you should seek legal advice.
Nebraska Quit Claim Deed Laws are found in Section 23-1510 of the Nebraska Revised Statutes.
Signing - All quitclaim deeds written in the state must be signed by the individual(s) selling the property in the presence of a Notary Public (NRS 76-211)
Recording - All quitclaim deeds must be filed in the County Recorder’s Office in the city or county where the property is located.
Additional Documents - All deeds recorded with the State of Nebraska must include a Real Estate Transfer Statement (Form 521).
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To file a Nebraska quitclaim deed form, you will need to provide the following information:
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Once you have a completed, signed, and notarized quitclaim deed, you will need to file it with the Nebraska County Clerk in the county where the property is located. In some Nebraska counties, you should file the deed with the County Clerk. In other counties, you should file the deed with the County Recorder or the Register of Deeds Office. Check with your local courthouse to verify the proper recording office for your county.
The recording is important to document the chain of title for future real estate transactions.
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