What is a Mississippi Quitclaim Deed?
A Mississippi (MS) quitclaim deed is a legal document that transfers property from one individual to another. A quitclaim deed in MS is most friendly to the seller and is generally quickest.
A seller (grantor) who quitclaims property to a buyer (grantee) in the state of Mississippi does not make any promises that the title is good, or even that s/he owns any interest in the property to legally sell. It only means that whatever interest in the land a seller has, if any, is transferred to the buyer.
A warranty deed is different from a quitclaim deed, and is the more common document to transfer property in Mississippi since it gives the buyer more protection. Under a warranty the seller guarantees that the title to the land is good, with no mortgages or liens, and that the seller owns the land and has the power to sell it.
A quitclaim deed form is often mistakenly referred to as a “quit claim deed,” “quit claims deed,” or “quick claim deed.”
Important Laws & Requirements
- Laws: § 89-5-1
- Content: An MS quitclaim deed must list the names, addresses, and telephone numbers of the sellers and buyers, along with a legal description of the property to be transferred.
- Transfer Tax: There is no transfer tax for a quitclaim deed in MS.
- Signing: (§ 89-3-7) The grantor must sign and acknowledge the quitclaim deed in the presence of a notary public before it can be recorded. An official seal from a notary public is required.
- Recording: Once the grantor signs and acknowledges the quitclaim deed, it must be recorded to the Clerk of the Chancery Clerk’s Office in the county where the property is located.
- Attachments: (§ 89-5-8) An affidavit regarding marital status and identification may be required.
How to Write & File a Quitclaim Deed in Mississippi
Step 1: Acquire a blank copy of the MS quitclaim deed, you do not need a lawyer to fill it out.
Step 2: In the “Prepared By” section in the upper left, input the information for the individual submitting the quitclaim deed, typically the seller.
Step 3: Below, in the space “After Recording Return To,” fill out the information of the Mississippi Chancery Clerk who will be receiving this form. The appropriate party will be determined by the Clerk in the county where the property is located.
Step 4: State the MS County where the property is located after “County of.”
Step 5: In the paragraph beginning “Know All Men” list the total dollar amount that is being exchanged for the transferred property deed, in written and numerical form.
Step 6: In the first space in the “in hand paid to” section, list the full name of the one transferring their claim to the property, followed by “Grantor” in the second space. In the following spaces, write the street address, County, City, and State where the Grantor resides, and the Grantor’s phone number.
Step 7: Next, in the space following the term “hereby conveys and quitclaims to” list the full name of the person who is receiving the quitclaimed property, followed by “Grantee” in the second space. Then record the Grantee’s residential address, County, City, State, and telephone number.
Step 8: In the space before “Mississippi to-wit” record the County where the property is located. Then, written in the following blank space, or cited as an attachment, report details such as Property Address, Property Parcel Number, and the Legal Description on the Property Deed.
Step 9: Finally, the agreement should be acknowledged by both parties, and signed by the grantor(s) in the space provided, and notarized by a Notary Public. The Notary Public will report the County, the names of the Grantor(s) and Grantee in attendance, the date of signing, his or her ID Number and Commission Expiration, and the Notary Seal.
Step 10: The signed, notarized quitclaim deed must then be recorded with the Mississippi Chancery Clerk of the County where the property is located. An unrecorded quitclaim deed will not take precedence over a similar document regarding the same property that has been recorded, and priority is given to the time of filing.