What’s a Quit Claim Deed and how does it work? A Quit Claim Deed is basically saying, “Look, I’m going to transfer to you all of my interest on this property.” The nice thing about it is, the person transferring doesn’t have to state what interest there might be. There may be no interest, there might be just some interest to possession, there might be an interest to be paid back, there might be a right to harvest the property, like timber for example; or there may be nothing.
There might just be litigation; a chance to get at some value somewhere, so a Quit Claim Deed really is saying, “Look, I’m going to give you what I have, but I don’t know what I have, so whatever I have, now it’s yours. It’s not mine anymore, but it’s yours,” so you’re going to go ahead and do it, so that’s what a Quit Claim Deed is.
There is only one thing, one requirement or one, I suppose, guarantee that the person transferring gives, and we call that the Guarantee of Seisin, which is fancy for, “I can’t interfere with it,” so if I give you a Quit Claim Deed on my property and you’re trying to access the property or you take it and you’re trying to execute something on that property, I can go back and block you from doing that.
I would be violating the Quit Claim Deed because that’s exactly what I did; I gave you whatever I had, so now you have it and you take that property interest and you can execute on it anyway you want to and I can just get in the middle of it, so that’s the only thing that is going to stall the transfer. The person who is making the transfer is stopping you from enforcing that vehicle.