Nebraska Quit Claim Deed | Form 521
The Nebraska Quit Claim Deed permits one party (called the “Grantor”) to sign over their interest in a property to another party (called the “Grantee”) in a straightforward way. It is, in fact, the least complicated legal avenue to transfer property interest. That being said, the assurances this type of Deed offers to the Grantee are incredibly limited. Legal experts thus recommend buyers and sellers who do not know each other to use another type of Deed that can offer concrete assurances about the property title, as well as other protections. For example, unlike some other Deeds, the Grantor in a Quit Claim Deed does not have a legal obligation to provide help to the Grantee if problems arise with the title.
Laws: Nebraska Revised Statutes, Chapter 76: “Real Property”
Certificate of proof or acknowledgment (§ 76-236): A certificate of proof or acknowledgment of the Deed must be recorded at the Register of Deeds in conjunction with the Deed.
Homestead properties (§ 40-104): The form must be executed and acknowledged by both spouses in cases where the Deed will convey the homestead of a married person.
Formatting requirements (§ 23-1503.01): The Office of the Register of Deeds has set out specific formatting guidelines in § 23-1503.01 that must be followed in order for the Deed to be recorded.
Mandatory inclusions (§ 23-1510): A return address and the title “Quit Claim Deed” must be evident on the first page of the form below a three-inch (3″) margin.
Names of Grantor and Grantee (§ 76-118): The names of the Grantor and Grantee must be evident in the document.
Signing requirements (§ 76-211): All Nebraska Quit Claim Deeds must be signed by the Grantor. It must be acknowledged or proved by way of acknowledgment by a Notary Public.
How to file a Quit Claim Deed in Nebraska (§ 76.237): It is mandatory for the Nebraska Quit Claim Deed to be presented to the Register of Deeds for recording. Filing fees apply and must be paid. All property transfers, including Quit Claim Deeds, require a Real Estate Transfer Statement (Form 521) to be filed by the Grantee with the Register of Deeds as well.
Similar to the majority of the states in the country, as per § 76-238, Nebraska adheres to a “race-notice statute.” This statute has established two (2) notable guidelines, namely:
- A Quit Claim Deed only takes effect “from and after the time of delivering such instruments to the register of deeds for recording, and not before,” and
- A Quit Claim Deed will be “…void as to all creditors and subsequent purchasers without notice whose deeds, mortgages, or other instruments are recorded prior to such instruments.”
Simply put, the Deed will only become valid once it is recorded with the Register of Deeds. Consequently, if a Deed is not recorded and another party purchases the same property from the Grantor and ends up recording their conveyance, the act of recording it will result in it superseding the former, unrecorded Deed. Therefore, it is strongly advised that efforts are made to swiftly record Montana Quit Claim Deeds in to avoid any problems of this nature.