A quitclaim deed in Florida is a legal form that transfers property to someone else. The person receiving the property is called a grantee. A quitclaim deed allows the current property owner to transfer whatever title they have to the grantee. A quitclaim deed is a fully legal way to transfer property to an individual or company.
The quality of title that the grantee receives depends upon the title in the hands of the grantor. 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. However, if the grantor owns a property having defects in the chain of title or liens on the property, then the quitclaim deed conveys the same title problems to the grantee.
The general rule of thumb for quitclaim deeds is that you cannot transfer more than you have. 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.
Important: Make sure the quitclaim deed is properly drafted. Just because the county accepts your document for recording does not mean that the county reviews the deed for legal sufficiency.
Both a Florida quitclaim deed and a warranty deed transfer an ownership interest in property to someone else. 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.
Several non-attorney form websites sell quit claim deed forms and they provide completed deeds for signature after you provide some basic information. These online services are cheaper than hiring an attorney.
An 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. However, some people find that the additional cost of having an attorney prepare a quit claim deed gives them peace of mind that the deed is prepared properly.
In Florida, a quitclaim deed can be used to transfer property after a divorce pursuant to a marital settlement agreement or divorce judgment. The quitclaim deed transfers all interests that one spouse has in the property to the other spouse, and the transferring spouse complies with the terms of the divorce order or agreement.
You can use a quitclaim deed in Florida even if the property is encumbered by a mortgage. The quitclaim deed does alter or transfer the mortgage and does not change personal liability to pay the mortgage note.
This rarely occurs in practice. Lenders have no reason to call the loan due after a quitclaim transfer so long as the new owner continues making timely mortgage payments. Even if a loan were called, the grantee can refinance the debt or get their own loan to pay off the original mortgage debt.
You do not have to be an attorney to prepare a Florida quit claim deed. Absent attorney fees, your costs would only be the recording fees that the county comptroller charges and transfer fees if the property is mortgaged.
A quitclaim deed in Florida transfers whatever title the grantor has in real property to a grantee. The grantor provides no warranty that they are conveying clear and marketable title to the property. After the grantor signs the deed with two witnesses and a notary, the quitclaim deed is recorded in the county public records.
A quitclaim deed transfers ownership of the property if the person signing the quitclaim deed has good title to the property. The quitclaim deed cannot transfer any greater title or interest than the grantor has prior to transfer. If there are any title issues when the grantor owns the property, the grantee will have those same issues.
Florida law allows several forms of deeds to transfer real property, including the quitclaim deed. Other examples of deeds common in Florida include warranty deeds and fee simple deeds.
One document, the quitclaim deed, transfers real property without providing any covenants or warranties on the property title. The grantee, or person receiving the property, does not get any warranties or promises that there are no claims or liens on the property.
Quitclaim deeds are often used to transfer property between family members or to move property into a trust. To quickly transfer real property in Florida, use a valid Florida quitclaim deed form that meets state requirements.
In Florida, transfer taxes are due for property transferred using a quitclaim deed. This tax is called a documentary stamp tax. In most counties, the tax rate is $0.70 per $100 of the total consideration paid. For Miami-Dade County, the tax rate differs depending on the residence type.
A quitclaim deed is a legal instrument which is used to transfer interest in real property. The entity transferring its interest is called the grantor, and when the quitclaim deed is properly completed and executed, it transfers any interest the grantor has in the property to a recipient, called the grantee. Unlike most other property deeds, a quitclaim deed contains no title covenant and thus offers the grantee no warranty as to the status of the property title.
Because of this lack of warranty, quitclaim deeds are most often used to transfer property between family members, as gifts, placing personal property into a business entity (and vice versa) or in other special or unique circumstances. An example use for a quitclaim deed is in divorce, whereby one spouse terminates any interest in the jointly owned marital home, thereby granting the receiving spouse full rights to the property.
The ease at which the quitclaim deed can be executed (it requires little more than both parties signing the document and having it notarized where required, and filed with the appropriate governmental agency with the proper fees paid) is partly to blame for the "quick claim" misnomer associated with the deed.
Quit claim deeds are usually used when the grantee is certain of the grantor's ownership; such as when transfers are made between family members, between an individual and a trust, or from a business owner to the business entity.
Technically, a deed, whether quit claim or warranty, must be delivered to the grantee. If the grantor executes a deed and keeps it in his or her safe deposit box or desk drawer, it is not an effective transfer of the property. Handing it to the grantee, or filing it with the clerk, is an effective transfer.
A quit claim deed should be filed with the clerk of court in the county where the property is located. This will involve taking the deed to the clerk's office and paying the required filing fee (typically about $10 for a one-page quit claim deed).
The document can be used for multiple purposes. It is common to use a quitclaim deed to remove the defaults in title to real estate. It is also used to transfer title to property between members of a family.
A quitclaim deed requires less information than a warranty deed and is simpler to craft. A warranty deed involves mentioning finer details such as legal insurance, absence of the debts related to the property, full description of the property, etc.
A quitclaim deed also does not make any warranties about the quality of the property title. At the same time, a warranty deed, based on its name, provides certain warranties to the buyer, for example, the absence of any outstanding liens, mortgages, or other encumbrances against the property mentioned in the deed.
This way, those who want to get the most buyer protection should opt for warranty deeds while those who want to create a simple document with fewer details can choose quitclaim deeds. The latter is a perfect fit for a low-risk transaction where grantor and grantee are familiar with each other (for instance, family members) or no money exchange is involved.
Such a document needs to meet certain legal requirements in order to be legally binding. There are no federal requirements meaning that each state treats the document differently. There are three ways how to make a quitclaim deed binding a choice of which will depend on specific laws of the state:
To make sure your quit claim deed form is written properly, use our online document builder. It will help you get a legitimate document that can be filed with your county recorder s office straight away. However, before doing that, it is always wise to first review the form with an attorney.
Some risks for a buyer connected with a quitclaim deed mean that it might be most beneficial for family members who want to transfer their right to the real estate between each other. It allows the grantee to trust the deed the grantor makes which is harder when two unfamiliar people sign a quitclaim deed.
It is common to use quitclaim deeds by siblings when they trade real estate with each other or by parents and children when the former sell property to the latter. A quitclaim deed in such situations does not mean a property sale in its general sense.
If a person makes a mistake in a quitclaim deed, for example, fails to clearly mention a titleholder or just a spelling error, it will cost them time and money to fix a defect. In such a case, an individual might use a quitclaim to include proper information in the title.
When an individual dies, their relatives might spend a lot of time and money during the litigation process. But if one of the beneficiaries uses a quitclaim deed, they will already have their title mentioned in the document. This will allow to shorten the probate process or even eliminate the need to start it.
A quitclaim deed should have a valuable consideration (or a purchase price). This is why it should be negotiated with the grantor before filing a quitclaim deed with the county recorder s office. A real estate agent is usually not needed, but turning to an attorney to make sure the transaction is filed legally is always a wise choice. 2b1af7f3a8