Transfer of real estate between unrelated people should almost never be done via quitclaim deed. These transfers are typically for no consideration, and the recipient family member, or family-owned business, is less concerned about title issues. In Florida, quitclaim deeds are most often used to transfer property to one’s family or a family LLC or estate planning trust. Unlike a warranty deed, a quitclaim deed does not provide any guarantees, or warranty, that the grantee is getting clear and marketable title to the property. Title insurance companies will sell insurance for warranty deeds after the insurance company has examined the recorded chain of title.īoth a Florida quitclaim deed and a warranty deed transfer an ownership interest in property to someone else. The grantor/seller is personally liable for title defects and liens that are discovered post-transfer by warranty deed. The warranty deed guarantees clear and marketable title to the property being sold. Warranty DeedĪ warranty deed is the type of deed typically used in arms-length real estate sales to unrelated buyers. Just because the county accepts your document for recording does not mean that the county reviews the deed for legal sufficiency. Important: Make sure the quitclaim deed is properly drafted. An uninterrupted chain of title is required to insure title to a subsequent purchaser or mortgage lender. The recording of the deed gives public notice of the change of ownership, and the recording establishes the transfer in the official chain of title. The county will return the original deed to the grantee. The comptroller’s office records the deed into the county’s official records. However, expect a larger fee and transfer taxes if there is a mortgage on the property. The comptroller’s office will charge you a small fee for the recording. Then, the grantee delivers the signed, witnessed, and notarized quitclaim deed to the county comptroller’s office for the county where the property is located for recording. The grantor’s signature must be witnessed and notarized in order to be recorded in the public record. If the property is the grantor’s homestead, and the grantor is married, both the grantor and their spouse must sign the deed even if the property is legally titled in only the grantor’s name. Once the information is correctly entered on the quit claim deed form, the grantor signs the deed at the bottom above their printed name. In Florida, quitclaim deeds must have the name and address of both the grantor and the grantee. Record the deed at the county comptroller’s office.Sign the deed with two witnesses and a notary.Enter the relevant information on a quitclaim deed form.There are three steps to filing a quitclaim deed in Florida: But not the grantee.īook Consultation How to File a Quitclaim Deed A formal written description used to identify the property. The amount of money received by the grantor in exchange for giving the property to the grantee. Under Florida law, a quitclaim deed must include: Section 695.26 of Florida law spells out the requirements for getting a quitclaim deed. Can You Transfer Property with a Quitclaim Deed if You Have a Mortgage?įlorida Quit Claim Deed Rules and Requirements.Florida Quit Claim Deed Rules and Requirements.In other words, if one attempts to transfer full legal title to a piece of property when they do not actually have clear and marketable legal title, then the deed will not convey good title to the grantee. The general rule of thumb for quitclaim deeds is that you cannot transfer more than you have. However, if the grantor owns a property with defects in the chain of title or liens on the property, then the quitclaim deed conveys the same title problems to the grantee. If the grantor has good and marketable legal title to a property, free and clear of all liens and encumbrances, then the Florida quitclaim deed will transfer good and marketable title to the grantee. The quality of title that the grantee receives depends upon the title in the hands of the grantor. remove an ex-spouse from property ownership after a divorce.transfer property to the owner’s living trust.add or remove family members onto the property title. A quitclaim deed is a legal, simple, and inexpensive way to transfer whatever title a property owner has to the grantee. The person receiving the property is called a grantee. A Florida quitclaim deed is a legal document that transfers property to someone else without making guarantees of title.
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