What are Deeds of Trust and Quitclaim Deeds?
A Complete Guide to Notarizing Property Transfers
What are Deeds of Trust and Quitclaim Deeds?
A Complete Guide to Notarizing Property Transfers
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A Complete Guide to Notarizing Property Transfers
What is a Property Deed?
In real estate, a deed is the physical legal document used to transfer ownership of property from one party (the Grantor) to another (the Grantee). However, not all property transfers are the same. Depending on whether you are buying a home with a lender, or simply gifting a house to a family member, the type of deed you use changes drastically.
The two most common types of deeds that require a Notary Public are the Deed of Trust and the Quitclaim Deed.
The Key Difference: Deed of Trust vs. Quitclaim Deed
To ensure your property is handled correctly, it is vital to understand the difference in protection and purpose between these two documents:
The Deed of Trust
The Deed of Trust
This is primarily used when you are taking out a loan to buy a home (functioning similarly to a mortgage). It involves three parties: the Trustor (you, the borrower), the Beneficiary (the bank or lender), and the Trustee (a neutral third party who holds the legal title until the loan is fully paid off). This document heavily protects the lender and allows them to foreclose if the loan is not repaid.
The Quitclaim Deed
The Quitclaim Deed
This is the fastest, simplest way to transfer property—but it offers zero guarantees or warranties to the buyer. A Quitclaim Deed simply says, "Whatever interest I own in this property, I am giving to you." Because there is no protection against past liens or ownership disputes, Quitclaim Deeds are almost never used in traditional sales. They are most commonly used to transfer property between family members, add or remove a spouse during a marriage or divorce, or move a personal property into an LLC.
When a Notary Public signs and stamps a deed, they are providing a critical layer of fraud prevention. They verify the identity of the property owner, ensure the owner is signing willingly, and execute an "Acknowledgment." Once the Notary affixes their official seal, the County Clerk or Register of Deeds will accept the document into the public record, making the transfer legally binding.
The Ultimate Property Deed Notary Checklist: What to Bring
A mistake on a deed can stall a real estate closing or cause the county to reject your document. Be completely prepared by bringing the following to your notary appointment:
✓
The Complete Document: Deeds often have multiple pages and attachments (like legal property descriptions). Ensure every page is present. Do not fill out the Notarial Certificate at the bottom; the Notary must complete that section.
✓
Valid Government-Issued ID: All signers must present unexpired, government-issued photo identification. The name on the ID must match the name printed on the deed.
✓ All Required Signers (and Sometimes Spouses): Even if only one spouse is listed on the loan, many states have "homestead" or marital rights laws that require the non-borrowing spouse to sign the deed as well. Confirm with your title company or attorney exactly who needs to be present.
Top 3 Mistakes to Avoid When Notarizing a Deed
1. Forgetting to Record the Deed
A notarized deed does no good if it isn't properly finalized. Once the Notary completes the signing, the original, notarized document must be physically or electronically submitted to the county recorder's office to update the public record.
2. Name Mismatches
If the deed lists the owner as "Robert James Smith" but the ID simply says "Bob Smith," a Notary cannot legally proceed. The name on the identification must satisfy the exact name listed on the legal document.
3. Using Whiteout or Crossing Out Text
County clerks are notoriously strict. If you make a mistake, use whiteout, or scribble out a section on a deed, the county will likely reject the document entirely. If an error is made, a clean, new document must be printed before the Notary can stamp it.
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