Updated December 11, 2023
A Florida quit claim deed is used to transfer ownership of real estate with no guarantee or warranties. This would mean to the buyer (‘Grantee’) that the person selling the property (‘Grantor’) is not guaranteeing that they own the property. Rather, they are only transferring whatever interest they have in the real estate (if any). As it should be with all property transfers, it is recommended that a title search of the property be completed prior to the closing date to ensure clean title.
Laws
- Recording – Once completed, the Quit Claim must be presented to the County Recording Office (See the List of County Websites), within the property’s respective jurisdiction. Some counties require that, in addition to the completed Quit Claim, that aself-addressed stamped envelope (SASE) be provided in addition to the required documentation and recording fees. The person filing the form should go prepared with a checkbook to ensure that all fees will be paid at the time of the filing of the document(s), to avoid any delays in the filing process. This document must be witnessed and notarized so that it may be effective.
- Signing(§ 695.26) – A quit claim deed authorized in the State of Florida must be done with Two (2) Witnessesand a Notary Public viewing the signature(s) of the Grantor(s).
- Statute –§ 695.01(2)
- Appraiser’s Parcel ID(§ 689.02) – This number is given by every City/County and the Property Appraiser’s Parcel Identification Number must be included, or at the very least, be given space for it on the form.
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Now, let's delve into the concepts mentioned in the article about the Florida quit claim deed:
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Florida Quit Claim Deed Overview:
- A Florida quit claim deed is a legal instrument used to transfer ownership of real estate without providing any guarantee or warranties to the buyer (Grantee).
- The Grantor (seller) does not assure ownership but transfers whatever interest they have in the property.
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Title Search:
- It is recommended that a title search of the property be conducted before the closing date to ensure a clean title.
- This process is crucial for verifying the ownership history and ensuring that there are no legal issues with the property.
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Recording Process:
- Once completed, the Quit Claim Deed must be presented to the County Recording Office within the property's jurisdiction.
- Some counties may require additional documents, a self-addressed stamped envelope (SASE), and recording fees.
- The person filing the form should be prepared with a checkbook to ensure prompt payment and avoid delays in the filing process.
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Signing Requirements (§ 695.26):
- A quit claim deed in Florida must be executed with Two (2) Witnesses and a Notary Public viewing the signature(s) of the Grantor(s).
- This statutory requirement ensures the validity and legality of the deed.
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Statute Reference (§ 695.01(2)):
- The article mentions a specific statute (§ 695.01(2)) that authorizes the execution of quit claim deeds in the State of Florida.
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Appraiser’s Parcel ID (§ 689.02):
- The Property Appraiser’s Parcel Identification Number, also known as Appraiser’s Parcel ID, must be included in the quit claim deed form.
- This unique identifier is given by every City/County and is crucial for property identification.
Understanding these concepts is essential for anyone involved in real estate transactions in Florida, as adherence to these legal processes ensures a smooth and valid transfer of property ownership.
