Quitclaim Deed & Florida Law
Property can be bought and sold many times using legal documents called deeds. Deeds function to complete the conveyance of ownership in writing. A few different types of deed exist to serve various purposes. A quitclaim deed can be used to accomplish a few conveyances. However, most commonly quitclaim deeds are used between related parties to add or remove someone as an owner of the property. Florida law regulates the validity and recording requirements of quitclaim deeds filed in the state.
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Function
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Quitclaim deeds act to transfer the interest the owners have in the said property to one or more others. However, the language of the quitclaim deed does not imply that the grantors hold a clear title. Warranty deeds, on the other hand, convey property with a guarantee from the grantors that they hold a clear title. Because of this, quitclaim deeds are generally not used when a home is purchased for a considerable amount of money. Quitclaim deeds are usually completed to add a spouse to the title, or when a property is inherited after someone dies.
Document Preperation
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Quitclaim deeds are common documents, and they can be purchased through an online service, stationery store, or at the county clerk's office. However, if you are unfamiliar with deeds it is advisable to hire a real estate attorney to draft the document. The attorney can assure that the document meets all legal requirements under Florida laws. Quitclaim deeds prepared for Florida properties must contain the full legal names and mailing addresses of all grantors and grantees. Additionally, the name and address of the individual who prepared the document must be listed somewhere on the deed. The first page of the deed should include a blank margin measuring 3 inches by 3 inches on the top right hand corner. This is where the county clerk will stamp recording information. Finally, a complete legal description of the property being conveyed must be included with the deed.
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Signatures
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Generally, only the grantors must sign a deed. Some states require the grantees to sign the deed as well, but Florida does not require this. The grantor should carefully review the deed for accuracy in name spelling, addresses and the legal description. If everything is correct, the grantors can sign the deed in the presence of a notary public and two additional witnesses. All signatures must be original; no copies will be accepted for recording. The name of each signer should be typed or neatly printed below her signature. The notary public should complete the acknowledgment portion to recognize the grantors and stamp his seal.
Considerations
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Quitclaim deeds can be considered valid even if they are not recorded. However, if the deed is not filed on record only the parties involved in the transaction know if occured. The county officials will have no record of the transfer. This can impair property records, assessments and property tax bills in the future. Additionally, if the grantees do not show up as the owners on pubic record, they will be unable to use the property as collateral for mortgage loans. Additionally, although quitclaim deeds offer no warranty from the grantors they cannot be reversed once of record. The only way to transfer ownership back to the original owners is to complete a new quitclaim deed doing this, or to prove in a court of law that the original quitclaim deed was signed under threat or false pretenses, or forged.
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