Pennsylvania Quit Claim Deed Form
The Pennsylvania Quit Claim Deed is a legal document used to convey real estate between two (2) parties already known to each other. Specifically, it allows a party called the Grantor to enter into an arrangement whereby he or she will convey any interest they hold over a dwelling to another party called the Grantee. Because it is not possible for a Quit Claim Deed to confirm whether or not the Grantor is the only party who holds interest in the dwelling—or if they hold any to begin with—it is the responsibility of the Grantee to confirm this beforehand. If it discovered only after the fact that the expectations of the Grantor’s interest are misaligned, the Grantee will essentially be left high and dry because no warranties are offered either.
Laws (§ 21-7): Pennsylvania Statutes, Title 21: “Deeds and Mortgages”
Definition of key terms (§ 21-7): State law outlines the implications of using the words “release and quit claim” in a Deed. To summarize, the law will construe the use of these words as confirmation that the Grantor will remise, release, and quit claim the property or land “all right, title, interest, property, claim, and demand whatsoever” to the Grantee. It also establishes that once the Deed is executed, the Grantor will be unable to claim, challenge, or demand the property or land.
Uniform Parcel Identifier Law (§ 21-10.1 and § 21-358): Certain counties in Pennsylvania uphold the “Uniform Parcel Identifier Law.” If applicable, it is a requirement for the uniform parcel identifier to be endorsed or included on the Quit Claim Deed form. It must also be either correctly indexed either:
- In an index arranged by uniform parcel identifiers, or
- As to the party in all alphabetical indices.
Philadelphia County: Residents of Philadelphia County must file Form 82-127: Philadelphia Real Estate Transfer Tax Certification in duplicate with the Recorder of Deeds.
Signing requirements (§ 21-351): In Pennsylvania, a Quit Claim Deed form needs to be signed and acknowledged by the parties executing it.
How to file a Quit Claim Deed in Pennsylvania (§ 21-351): All Pennsylvania Quit Claim Deeds must be filed in the Office for the Recording of Deeds (otherwise known as the Recorder’s Office) in the county where the property is located. There are two (2) additional mandatory that must also be filed for the form to be accepted for recording. It is also important to note is that each county’s Recorder’s Office will charge a fee for making the recording.
The reason it is critical to file the Quit Claim Deed is that Pennsylvania state law views unrecorded Deeds as “fraudulent and void as to any subsequent bona fide purchaser.” As stated in § 21-357, the legal effect of recording the Deed is to provide “constructive notice.” These laws firmly establish Pennsylvania as a state with a “race-notice recording act”.
Essentially, an unrecorded conveyance denies a subsequent bona fide purchaser of constructive notice of the existence of that Deed. So the law will uphold any purchaser’s claim to a property (and in turn, negate the claim made by the unrecorded Deed), if they do not have constructive notice of another claim at the time of filing their conveyance.
Additional mandatory forms
It is a state law requirement, per § 16-9781, that a Certificate of Residency is filed with the Quit Claim Deed at the time of recording. This form is available for download on the homepage of each county.
In accordance with § 91.112, it is also a state law requirement that a statement of value in duplicate is filed with the Quit Claim Deed at the time of recording. The following form by the Pennsylvania Department of Revenue may be used to fulfill this requirement: Realty Transfer Tax Statement of Value (Form REV-183 EX).
N.B. If the property is subject to transfer tax, this tax must be paid. To estimate how much tax will be due, the Department of Revenue’s County’s Transfer Tax resource can be used for reference.