To clear the cloud on the title caused by a different name on the deed, what deed can Margaret file?

Study for the Arizona Real Estate Exam. Boost your knowledge with flashcards and multiple choice questions with explanations. Be exam-ready with our comprehensive review!

Filing a quitclaim deed is the appropriate action for clearing a cloud on the title resulting from discrepancies in names on the deed. A quitclaim deed is designed to transfer whatever interest the grantor has in a property without guaranteeing that the interest is valid or free of other claims. This means that if Margaret has an interest in the property under her current name but there is a different name reflecting in the title, filing a quitclaim deed allows her to assert her claimed right and correct the name issue on the title. It effectively serves to remove any potential legal questions related to ownership associated with different names.

In contrast, a bargain and sale deed generally conveys property without any warranties about the quality of the title but does imply some level of ownership. A limited warranty deed offers a higher level of assurance concerning the property’s title compared to a quitclaim but typically involves assurances only about the period when the grantor owned the property. A referee's deed is often used in the case of foreclosures or court-ordered sales and does not directly serve the purpose of correcting name discrepancies in ownership documentation.

Therefore, the quitclaim deed is the most straightforward and effective means for Margaret to address the cloud on her title caused by the difference in names.

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