These online services are cheaper than hiring an attorney.Īn online form generator site works well if you fully understand the legality of quit claim deeds and you have no questions about the property transfer. Several non-attorney form websites sell quit claim deed forms and they provide completed deeds for signature after you provide some basic information. 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.
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