A quitclaim deed—also known as a quitclaim—is a deed that transfers whatever interest the grantor (purported owner) has in a piece of real property to the grantee (buyer)—but does not represent or warrant that the grantor’s title (ownership) is valid (that the grantor has any ownership interest in it) or free from liens or encumbrances.
A quitclaim deed only purports to convey the grantor’s present interest in the land (if any) and does not purport to convey the land itself. Thus, if the grantor were to acquire an interest in the land after executing (signing) a quitclaim deed, the grantor would retain that interest, as the grantor did not have it at the time the grantor executed the quitclaim deed.
In New Mexico, a quitclaim deed is a legal instrument used to transfer a grantor's rights, title, and interest in a property to a grantee, without any warranties of title. The grantor of a quitclaim deed does not guarantee that they hold valid ownership or that the property is free from other claims or liens. Essentially, the grantee receives whatever interest the grantor may have at the time of the transfer, which could be full ownership, partial interest, or none at all. The quitclaim deed is often used among family members or to clear up title issues because it is a simple way to transfer property without the formalities of a warranty deed. It is important to note that if the grantor acquires any interest in the property after the quitclaim deed has been executed, that interest is not transferred to the grantee, as the deed only covers the grantor's interest at the time of the transfer. In New Mexico, quitclaim deeds must be notarized and filed with the county clerk in the county where the property is located to be effective.