Selling the claims, whats the best quiet claim deed to use?

[ratled]

Found a buyer and need to use a quiet claim. Having never sold a claim before just which QCD to use and any tips you all might have

Thanks
ratled

 

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[Clay Diggins]

What state?

 

[ratled]

What state?

Sorry Clay, CA

 

[Mackaydon]

Use a lawyer.
Don...

 

[Clay Diggins]

It's called a "quit claim". In California you will find an example to download and fill out on the County Recorder's website.

In most states all you need is a simple typed paper describing what's being transferred with signature and Notary. In California with the Documentary Transfer Tax and various local taxes on property transfers you have to use the individual County form which includes all the other stuff you need to do along with the Quit Claim. The quit claim needs to be recorded in the county in which the claim is situated.

A quit claim, even in California, is a simple one page statement that you (the owner) are transferring all your interest in the described claim. Here's an example PDF Quit Claim from San Diego County.

https://arcc.sdcounty.ca.gov/documents/qd.pdf

There is no liability on the part of the seller using the quit claim process. In fact if the seller had any liability associated with the mining claim the new owner assumes that liability. I don't see what function a lawyer could perform for the seller in that situation?

Warranty Deeds and Titles are not a possibility with federal mining claims. Quit claims are used even by the largest corporations when transferring mining claims. What this means is the buyer must perform their own due diligence before purchasing. With a quit claim the seller is not guaranteeing that you will have full ownership but only that you will receive full ownership of their interest in the mining claim.

Heavy Pans

 

[winners58]

I use stevens-ness forms for Oregon but the description part would be the same
claim name, BLM serial number, and county book number.