\r\n P18 \u2013 Quit Claim Deed \u2013 South Carolina\r\n0:03\r\nHi, this is John Jay, and I\u2019m going to share one little tool process with you here that could save you tens of thousands of dollars, maybe more, in a real estate transaction.\r\n0:13\r\nNow, I\u2019m not going to explain why you would use this, I just wan… <\/div>\r\n
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P18 \u2013 Quit Claim Deed \u2013 South Carolina
\n0:03
\nHi, this is John Jay, and I\u2019m going to share one little tool process with you here that could save you tens of thousands of dollars, maybe more, in a real estate transaction.
\n0:13
\nNow, I\u2019m not going to explain why you would use this, I just want to tell you that the technical aspects of preparing this document, you can do this a few days before the closing on real Estate.
\n0:22
\nYou can do this today when there is no even sale date. You can do this before you list the property. You can do this right after you buy some real estate. You can, you can dede over the property.
\n0:32
\nSometimes I\u2019ve found it\u2019s easy to buy real estate in your individual name and then file a quitclaim deed afterwards.
\n0:39
\nI\u2019m going to show you how to file a or prepare a quitclaim deed. And I\u2019ve chosen the state of South Carolina because someone asked me to do that.
\n0:48
\nSo, I\u2019m going to share my screen here.
\n0:50
\nI\u2019m gonna show a simple, this is how I did this, OK, so, sure.
\n1:02
\nShould put it back here, OK, all right.
\n1:06
\nSo what you see here is quitclaim deed.
\n1:10
\nAnd to show you how simple I was able to fly simply, I was able to find this, I\u2019m going to do a backspace here on my browser and show you that all I did was go to my favorite search engine, Duck Duck Go. And I typed in South Carolina, quitclaim deed and abracadabra. It was the first one that showed up.
\n1:30
\nAnd let\u2019s go back to where I was.
\n1:34
\nSo, Quitclaim Deed is going to be used to quit a claim on real estate. The title to real estate.
\n1:42
\nIt has to do with equitable title.
\n1:44
\nI\u2019m just moving the name of the property, the name of the owner of the property of record. OK, So let\u2019s say I own the property.
\n1:50
\nLet\u2019s say John Smith owns the property and I\u2019m going to move it over to a company or a trust or whatever, purpose.
\n1:57
\nWhat I would have to do is, the exact name, as it appears on the title, I will look at this document and I\u2019m going to, to type that out now All caps. You guys freak out over all CAHPS and not all CAHPS. I\u2019m not going to argue with you on that.
\n2:09
\nI\u2019m just going to say, I\u2019m just using all caps. You guys can do what you want.
\n2:14
\nI don\u2019t think it matters.
\n2:15
\nOK, so, the grand tour is the person who\u2019s conveying the title, giving the title over the current owner, if I\u2019m going to do this, for whatever reason, I just want to title in the name of a limited liability company, let\u2019s just say, so, the name of this company just happens to be, let\u2019s call it 123 Elm Street kinda liked that idea, OK.
\n2:37
\nThat\u2019s the name of my company.
\n2:39
\nIt could just as well be macdonalds, OK, I\u2019m just choosing this name.
\n2:43
\nSometimes I want to use the street address because it\u2019s so unique, OK? There are certain, there\u2019s certain strategies here, but I\u2019m not going to get into that too much.
\n2:52
\nAnd you can give whatever information on the identity of the grantee, but really, um, the name is the most important.
\n3:01
\nSo make sure you get that correct and the proper designation, in this case it\u2019s an LLC This is the exact name of the titleholders.
\n3:10
\nSo make sure you get that right OK, because someone who\u2019s not the title holder cannot convey it to the grantee, So the Grand Tour\u2019s, the title holder today The grantee is the new title holder.
\n3:21
\nSo, what happens is, I\u2019m going to have to, I should probably, before I do this, I should probably go back to my quitclaim deed OK. That I was given at the closing when I bought the property.
\n3:33
\nIt\u2019s gonna look just like this for if I\u2019m in South Carolina.
\n3:36
\nAnd so I can take the information like the tax map number that\u2019s probably on the previous quitclaim deed.
\n3:44
\nUm, today\u2019s date, the county, of course, and in which city.
\n3:50
\nAll right. Sometimes you\u2019re outside the city, but that\u2019s OK.
\n3:54
\nThen this really should be an address. At the top. Left corner should be an address where you can receive the original. So, the Clerk is going to fix a seal up here, or a stamp, or a time-stamp.
\n4:04
\nThe Recording Time, Book and page.
\n4:07
\nIt\u2019s going to be in the top right corner, so that\u2019s why they\u2019re all the spaces here.
\n4:10
\nAnd then, once that gets processed, scanned image, whatever.
\n4:15
\nThe original gets mailed back to this address. Now, you really should keep the original. And sometimes it\u2019s worth it to put it in a safe, or safekeeping. just like it\u2019s money.
\n4:23
\nYou can lose the original forever anyway, it could be gone forever, and you can always go to the county Recorder\u2019s office and get a certified copy of the original or of what\u2019s on the record, But you may not ever have the original, so it\u2019s good to have the original, but don\u2019t freak out.
\n4:36
\nIf you don\u2019t have the original, OK, a certified copy is just as well.
\n4:41
\nSo, anyways, that\u2019s the idea behind this.
\n4:44
\nIt\u2019s that simple.
\n4:45
\nI mean, you know, if I\u2019m just doing it for estate planning purposes, I might just put 1, 1, 100th dollars, I don\u2019t know. One out of one hundred, $1, $10, whatever.
\n4:59
\nI know it doesn\u2019t really matter that there should be a sum of money That constitutes consideration for the conveyance.
\n5:07
\nIf I\u2019m conveying for state planning purposes, and many jurisdictions, if I put anything more than zero, they\u2019re gonna call, they\u2019re gonna call it a sale.
\n5:14
\nSo, what I may want to do is put NA here or zeros Every county a little bit different, or, I should say, every state is a bit different.
\n5:22
\nSo sometimes you do not want to show consideration if it\u2019s a gift or if you\u2019re just conveying it for estate planning purposes.
\n5:31
\nSo here\u2019s the description of the property now.
\n5:33
\nIf you don\u2019t know what the description is, you want to go get a legal description of the property.
\n5:39
\nThe way to find it is the Taks Appraiser\u2019s office.
\n5:41
\nWe can actually go to another browser window, and I can search on South Carolina, name of the county, and I can search on tax Appraiser\u2019s office, and I can click on the actual, like street address, and open a profile, and there should be a legal description of that physical address, the mailing address. There\u2019ll be like a lot number and all those things as a legal description, or I have it, like maybe I have in my hand, and I can just read it very, very carefully and transcribe it onto this document. So we have to describe the property.
\n6:16
\nSomehow, you need to get that.
\n6:17
\nSo the plot is recorded in plot book, page number.
\n6:20
\nYou\u2019ll get this from county records, it\u2019s already there, OK? That\u2019s on your tax appraiser\u2019s website.
\n6:27
\nAnd, you know, you can also, if you don\u2019t have your deed, if you\u2019re trying to do this and go off your old deed, your previous Deed, and you don\u2019t have it, All you have to do is go to the county recorder\u2019s office and ask for a copy. And I think it\u2019s like $1 page. So you can do it by mail, or in person, or by phone sometimes.
\n6:43
\nAnd, again, we just go into describing some of this information.
\n6:48
\nJust fill it out, Right?
\n6:51
\nAnd these are your standard terms.
\n6:55
\nOK, we\u2019re going to, we\u2019re going to quit the claim.
\n6:58
\nThat\u2019s what this is doing.
\n6:59
\nThis little clause, here\u2019s quitting the claims, so no, no, no one else has a claim. It\u2019s already changed. Everything has changed over.
\n7:05
\nAll right.
\n7:06
\nThis is for attorneys. We don\u2019t know, you don\u2019t need an attorney. And so I\u2019m showing you how to do this.
\n7:11
\nAnd it looks like this is two pages. So down here is what\u2019s called a \u2026.
\n7:14
\nAnd it\u2019s where a notary is going to notarized this. So that would be an officer of the court.
\n7:20
\nAlright, someone who can witness a signature that is recognized by the court, notary public is a great way to do it.
\n7:26
\nGrand tour grantee.
\n7:28
\nIf you\u2019re the grand tour, let\u2019s say John Smith is the grand tour, and let\u2019s say this is my company, I can actually sign.
\n7:34
\nBut when I sign for the company, I would sign with a title, like I would sign as authorized signatory, or managing member. Something like that.
\n7:43
\nI would sign Vice President, I could sign like that for this LLC, and then for here, John Smith, I\u2019m just signed individually. So I would just sign my name.
\n7:52
\nLike, I always do, make that distinction.
\n7:55
\nAnd if you forget that, it\u2019s not the end of the world, OK? But I\u2019m just saying to be technically correct. It\u2019s a good idea to use a title in that case.
\n8:01
\nAnd of course, here we go, type in your county name. Now, this is pretty interesting because I can actually download this.
\n8:08
\nAnd when I open it, I don\u2019t know if you guys can see this, but it opens, and I can still edit this document. So that allows me to save it into a folder on my computer, and I can edit it whenever I feel like it, and I can edit it and prepare and send it to somebody.
\n8:23
\nIt\u2019s kinda cool. I could probably edit the document here.
\n8:26
\nOf course, I cannot do anything where it requires a notarized witness while it\u2019s online, At least, not yet. I mean, really.
\n8:34
\nSo I still have to leave this kinda blank.
\n8:36
\nOr maybe I can enter the information here, and then I can print it out and then go take it to a notary and have the notary fix, the seal down here, OK, See how that is. You guys have seen this before.
\n8:47
\nSo that\u2019s it.
\n8:48
\nSo the moment you take this to the county for recording, and it gets recorded, that means the clerk stamps, uh, whatever, a time-stamp on the top right corner over here.
\n9:00
\nThat makes, that makes the property no longer John Smith and it becomes the grantee\u2019s property at that moment.
\n9:07
\nOK, that\u2019s important, and because we, we had a case recently, it was maybe a year ago, and we had conveyed the title of some property.
\n9:14
\nIt was almost exactly a week before a judgement Lien was recorded against this person.
\n9:20
\nAnd had she not conveyed it a week earlier, that judgement Lien would have stayed on the title.
\n9:27
\nAnd even if she conveyed it, the judgement lien would have still been connected to the title. It was still been a lien on the title.
\n9:34
\nEven if she, she could still convey it, is just the lien doesn\u2019t, doesn\u2019t go anywhere it stays on the, on the title, but because she conveyed the title with a quitclaim deed before the someone else recorded a Judgement Lien, She was in the Clare and they didn\u2019t like that. At the Title closing, they tried to trick her into paying the debt.
\n9:53
\nAnd we told them, we told the attorney, no.
\n9:56
\nYou can\u2019t travel back in time and attach a liability to something that wasn\u2019t attachable, So, they kinda shut up after that. So, anyways, that is a very simple version.
\n10:06
\nThe technical aspects of filling out a quitclaim deed, I do have a video I did. I did another one just like this for California.
\n10:12
\nAnd the reason why I use California\u2019s because there was an exemption form I wanted to show you, where in California, there\u2019s what\u2019s called a documentary stamp tax. That\u2019s assessed on the value of the property.
\n10:22
\nSo, they usually priced it out something like $1 per $500 value, You have to pay in addition to the filing fee, like 20 bucks, so it\u2019s 20 bucks plus, like $12,000.
\n10:33
\nYou know, it depends on what you\u2019re doing there, so I don\u2019t know of South Carolina is like that, you can go look in your state statutes or just go to your Tax Appraiser\u2019s website and see if there\u2019s some mention of a, I guess it would be a millage rate for conveying the property.
\n10:47
\nAnd if you\u2019re doing this for estate planning purposes, which means John Smith is the title holder, and he\u2019s conveying it to this LLC in which John Smith is the single member manager, let\u2019s just say. Keep it simple now.
\n11:01
\nThere would not be any tax, the documentary stamp tax, because it\u2019s exempt from that since there is no change in beneficial interest. And that was what I was demonstrating for California. So if you If your state has something like that, I know Florida does.
\n11:15
\nyou can ask the clerk, or sometimes they\u2019re very cryptic, they don\u2019t want to tell you. You can go find out.
\n11:20
\nThere\u2019s usually a checkbox form that shows that it\u2019s exempt from the the stamp tax. It\u2019s not a Capital Gains Tax. It\u2019s a it\u2019s a stamp tax based upon the value of the property at the time of day at the time of the conveyance.
\n11:34
\nSo enough of that hope you can use that tool very easily. Again, you can just, luckily, we get a search on the internet most of the time, if not, we have to dig a little bit more. Sometimes we have to get a generic quitclaim deed. You can go to Legal Zoom. You can find a generic quitclaim deed on the internet. You can actually create one. If you\u2019re good at making documents, you can create one. It doesn\u2019t have to be fancy. It doesn\u2019t have to have all these markers in lines and make it all Purdy and stuff.
\n11:59
\nYou just have to identify the properties, say what\u2019s happening, give the consideration or explain how it\u2019s being conveyed and have it notarized.
\n12:07
\nOK, Thanks for what?<\/p>\n <\/div>\r\n <\/div>\r\n\r\n \r\n<\/div>\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t