Deeds and Title Documents

Your real estate goals hinge on having legally valid Deeds and other Title Documents that should be prepared by an experienced Real Estate Attorney

Buying a property requires more than money: Even if you pay every penny of the sales price and fulfill all your obligations under the Real Estate Contract, your ownership will mean little to nothing without properly drafted Title Documents—the paperwork that makes the difference between having your dream home or income property, to having a legal and financial nightmare. That is why such vital documents should only be handled by a professional Real Estate Attorney from Jurado & Associates, P.A.

Deeds: The Lynchpin of Every Real Estate Transaction

On the face of it, acquiring a property—whether through a purchase, gift, or inheritance—seems like a straightforward affair: You sign some paperwork, get the keys to the property, and can then move in, rent it out, or do whatever it is you have planned.

Yet those papers you are eager to get through serve an invaluable purpose: Validating your right to own, occupy, and fully exercise control over your new property. Even if every other aspect of the real estate transaction is fulfilled—the proceeds have been paid, the contract obligations have been met, and the seller fully consents to delivering possession of the property, etc.—you will not necessarily have legal rights over the property without having the correct documents signed and/or recorded.

In particular, the person selling or giving you the property must properly execute and deliver a document known as a “deed.” This is a legal instrument in which the “grantee” (the seller or giver) transfers their title to the property to a “grantee” (the buyer or recipient). To be effective, a deed must have certain language and “formalities” that conform to Florida law, such as having two witnesses.

However, a deed is not a generic document, and must be tailored to the specific circumstances and characteristics of the transaction. Otherwise, you may find yourself with far more than you bargained for, even years down the road.

The Legal Implications of Different Deeds

Depending on its language and terminology, a deed will impact your property rights in a variety of ways. A “regular” deed, known formally as a “General Warranty Deed,” provides a legally binding guarantee that the person transferring the property has the right to do so, and that the title is free and clear of all known problems such as liens, encumbrances, and unresolved claims across the property’s history.

By contrast, a “special” warranty deed provides such guarantees only with respect to the period that the seller owned the property: No such “warranty” is provided for issues that may have occurred beforehand. A Quitclaim Deed offers the least amount of protection, as the owner makes no guarantees about the property’s title—not even whether they have the right to convey the property to you.

Given their inherently legal nature, every type of deed should be reviewed and prepared by a qualified real estate attorney from Jurado & Associates, who will have experience with these vital documents.

Important Title Documents Beyond the Deed

Although a deed is central for securing ownership over a property, it is far from the only document necessary to protect your property rights. Title is a complex matter requiring several services and legal instruments to safeguard.

One of the first title documents that should be prepared in any transaction is a Title Search Report[RM1] [SL2] , which consists of an in-depth and comprehensive examination of the property’s title history. After scouring all available records and information on the subject property, your Jurado & Associates attorney will provide a detailed report on any issues that may have been uncovered, which must be rectified by the seller before closing.

However, since even the most thorough title report may miss “hidden hazards” that can jeopardize your property rights, our attorneys can also prepare a “Title Insurance Policy,” which cover most litigation related to defending your title to the property. Should you use ownership over the subject property, your title insurance policy will compensate you accordingly.

Other types of title documents may come into play depending on the circumstances. For example, an Opinion of Title may be needed for reasons as varied as obtaining a mortgage or securing any mineral rights to your property. In Florida, only an attorney can prepare this special document, which affirms that your deed to the property, and by extension your right over it, are valid.

Likewise, a Quiet Title Action, while not a single document per se, entails filing a motion with a court to terminate (i.e., “quiet”) any competing rights to your property.

Protect Your Property Rights with Expertly Drafted Deeds and Title Documents

It may be hard to believe, but a mere piece of paper can make all the difference between a real estate dream and a real estate nightmare. One error on one document to turn your world—and your real estate plans—upside down. Given the risks, an expert Real Estate Attorney is a sound investment.

Based in one of the world’s biggest real estate markets, Jurado & Associates, P.A. is intimately familiar with nearly all the requirements of a successful property transaction—including Deeds and other Title Documents. Whether you are the buyer or the seller, you can be assured that we will apply the utmost attention to detail when it comes to any and all paperwork that comes your way. To learn more or schedule a consultation, call me at (305) 921-0976 or email [email protected].