If you are wondering how to file a quit claim deed in Florida, you came to the right place. These handy documents are like the express lane for transferring property ownership, especially between family members or friends, or when there is not much money involved. In this post, I will walk you through the proper steps to prepare and file a quit claim deed in the Sunshine State.
Step 1: Get a Copy of the Current Deed
The first step is to track down the property’s current deed. This important document holds the legal description of the property and reveals the current owner. You can usually get a copy from the county clerk’s office or even online. However, just because it is the current deed does not mean the legal description has not changed or is accurate. So, it is always a good idea to double-check with a survey and title search to be extra sure.
Step 2: Prepare the Legal Document
Now it is time to create the quit claim deed itself. It is crucial to include all the necessary information, like the legal description, the names and addresses of the grantor (the person giving up ownership) and the grantee (the recipient), the property’s parcel identification number, and the amount paid (if any).
If a business or trust is involved, things can get a bit trickier, so do not hesitate to seek legal advice. If there is a mortgage or money exchanged, be prepared to pay a transfer tax to the Florida Department of Revenue. Remember, any missing or incorrect information could invalidate the deed, so make sure to triple-check everything.
Step 3: Sign Before a Notary and Witnesses
Once your quit claim deed is prepped and polished, the grantor needs to sign it in front of a notary and two witnesses. The notary can even be one of the witnesses; however, they will need to sign the deed twice – once as a witness and once as the notary.
Step 4: Record the Deed
After all those signatures are in place, it is time to make it official by recording the deed. This means filing it in the public records of the county where the property is located. Do not forget to make copies for your own records.
Costs and Expenses
Filing a quit claim deed in Florida is not free. Each county charges a recording fee. Plus, there is a documentary stamp tax. Keep in mind that these fees can vary by county, so it is always a good idea to check with your local clerk’s office or consult an attorney to get the most accurate information.
Proceed with Caution
While quit claim deeds are a convenient way to transfer property, they do come with risks. Unlike warranty deeds, which guarantee a clear title, quit claim deeds offer no such protection. If there are any hidden title defects, the grantee is responsible for dealing with them.
That is where I come in.
Do You Need to File a Quit Claim Deed in Florida? I Can Help You
As an experienced real estate attorney, I can help you understand the risks and benefits of quit claim deeds, guide you through the filing process, and ensure that your property transfer is smooth and legally sound.
If you are considering using a quit claim deed in Florida, call me at (305) 921-0976, email me at [email protected], to schedule an initial consultation and learn more about my services.
I am here to help you make informed decisions and protect your interests in any real estate transaction.
