Mississippi Quit Claim Deed Form
A Mississippi Quit Claim Deed offers a Grantor the ability to transfer interest in a property to a Grantee, albeit without any warranty of title. As such, it is often viewed as a no-frills version of a Warranty Deed. The advantage of doing away with any warranties and guarantees is that this type of Deed is, on the whole, more affordable and simpler to execute. Therefore, if a Grantor has a good title to a property, and they already have an existing relationship to the Grantee, this legal document can be utilized to easily transfer interest between the parties.
First page of the document (§ 89-5-24(2)): The following information must be evident on the first page of the Quit Claim Deed, below the three-inch (3″) margin noted in the next section:
- The document preparer’s name, address, and telephone number,
- A return address,
- The title, “Quit Claim Deed,”
- The Grantor and Grantee’s respective names,
- The Grantor and Grantee’s respective current mailing addresses, current business or employment telephone numbers (if any), and current residential telephone number (if any), as demanded by § 27-3-51, and
- The property’s legal description (if this cannot fit on the first page, it should appear on the next page).
Formatting requirements (§ 89-5-24(1)): Any Quit Claim Deed presented to the Clerk of the Chancery Court must abide by a set of formatting requirements. These requirements relate to such areas as:
- The appearance of the text on the page: Text should appear only on one side of the paper,
- Presentation of the document: The pages should not be permanently bound, nor in a continuous form, however individual pages may be stapled together,
- Presentation of attachments: Attachments should not be stapled or affixed,
- The font size: No smaller than eight (8) point,
- The color of the paper: White,
- Paper weight: At least twenty-pound, and
- Margins: The first page of the Quit Claim Deed must have a top margin of at least three inches (3″) of vertical space from left to right. Other margins should be at least three-fourths of one inch (3/4″).
Language usage (§ 89-1-33, § 89-1-35, and § 89-1-41): The following legal terms should not be used in the Quit Claim Deed, as they are directly associated with other types of Deeds that can offer warranties of title that a Quit Claim Deed cannot:
- “Warrant specially,”
- “Grant, bargain, and sell.”
Spouse’s role in conveying homestead (§ 89-1-29): A conveyance, such as a Quit Claim Deed, involving a homestead exempted from execution must be signed by the owner’s spouse or an attorney in fact for the spouse if the owner is married and living with the spouse.
Signing requirements (§ 89-5-1): The Grantor must acknowledge the form in the presence of at least one (1) subscribing witness and an authorized officer. The officer must provide a certificate of acknowledgment or proof of the lawful execution of the form. The certificate should be written upon or under the conveyance, and signed by the officer.
How to file a Quit Claim Deed in Mississippi (§ 89-5-1): A Mississippi Quit Claim form must be lodged with the Clerk of the Chancery Court of the county where the property is located. The filer will need to pay any filing fee presented to them by the Clerk of the Chancery Court.
As detailed in § 89-5-5, Mississippi abides by a “race-notice recording statute.” To quote this law:
“…After filing with the clerk, the priority of time of filing shall determine the priority of all conveyances of the same land as between the several holders of such conveyances.”
That is to say, the order in which Deeds are filed is of significance, because a recorded conveyance will be prioritized over an unrecorded conveyance. Therefore, a Quit Claim Deed should be recorded with the Clerk of the Chancery Court as soon after it is executed.