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Arizona Quitclaim Deed

Arizona quit claim deeds are governed by Ariz. Rev. Stat. § 33-401, et al (2012). These deeds convey all the grantor’s existing rights in the property, but contain no covenants of warranty. However, there is an implied good-faith expectation on the grantor’s part that the property is free from any encumbrances or restrictions. This means that if, after the quit claim deed is executed and recorded according to Arizona law, someone else comes forward with a claim of ownership, the grantor is not obligated to defend the grantee’s position.

If a quit claim deed is to be recorded in Arizona the deed is required to be recorded in the county where the property is located.

Arizona follows a “notice” recording act. This means that any document conveying title to real property must be correctly recorded or the transaction is not complete. (Ariz. Rev. Stat. § 33-411). In addition, it is the transferor’s (grantor) obligation to record the quit claim deed within sixty days of the transfer or to accept responsibility to defend the transferee (grantee) in any future claims against the grantee’s ownership of the land. (Ariz. Rev. Stat. § 33-411.01).

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