![]() Quitclaim deeds should also be submitted to the Clerk of Court for the county where the property is located. But simply executing and retaining a quitclaim deed is not acceptable. Or if you prefer, you can hand it over directly. This can be done by a third party, mail or delivery services (with confirmation requested). If you suspect that a quitclaim deed may be invalid, it is best to consult with an experienced Florida attorney who can review the situation and advise you on the appropriate course of action.Īdditional Requirements for Quitclaim Deedsįor a property transfer to officially take place, the completed quitclaim deed must be provided to the grantee. It is important to note that the burden of proving the invalidity of a quitclaim deed rests with the party seeking to invalidate it. Prior transfer: If the grantor had already transferred the property to another person before executing the quitclaim deed, the deed may be invalid. ![]() Improper execution: If the deed was not executed in compliance with Florida law, such as not being signed by the grantor or notarized correctly, the deed may be invalid. Lack of capacity: If the grantor was not mentally competent or of legal age at the time the deed was signed, the deed may be invalid.įraud or misrepresentation: If the grantee obtained the deed through fraud or misrepresentation, the deed may be invalidated.ĭuress or undue influence: If the grantor was forced to sign the deed under duress or undue influence, the deed may be invalid. There are several reasons why a quitclaim deed may be invalid in Florida, including: ![]() The witnesses must also sign in the presence of the notary.Ĭan a Quitclaim Deed be Reversed in Florida? Are There any Quitclaim Deed Loopholes? To ensure your signature is authentic, you must sign the document under the observation of two witnesses and a notary public. Witnessed signatures – Under Florida law, the grantor must sign the deed. To be safe, you should also list the property's street address and the property “folio” number used by the property appraiser in quit claim deeds. You can usually find it in the deed that transferred the property to the grantor. Property Description – A legal description is assigned to every real estate parcel in Florida. The grantor should be sure to include his or her name in the same way as it appeared on the deed when he or she obtained the title. Abbreviations and nicknames are not acceptable. The parties' names – This means the complete legal names of the grantor(s) and the grantee(s). The requirements for a valid quitclaim deed can be found in Section 695.26 of the Florida Statutes. In other words, a quit claim deed is best suited for use in a transaction in which there is little to no doubt about existing ownership, or a simple written document is needed to clear the title. Instead, they are generally used in situations where the parties are related or co-own the property in question and one person is transferring their portion to the other. The grantee assumes responsibility for any remaining taxes, assessments, liens, encumbrances, covenants, conditions, restrictions, rights of way, and easements of record.Īccordingly, quitclaim deeds are seldom used in transactions between parties who do not know each other. If the grantor doesn't really have any interest in said property, the recipient doesn't get anything and, The person who receives it is the grantee.Ī Florida quitclaim deed tranfers someones ownership interest in a property without providing any assurances to the person receiving the ownership interest. The person who transfers his or her ownership of or interest in the real property is the grantor. ![]() A quit claim deed is a legal document facilitating the transfer of ownership from one person or entity to another. For starters, let's review some basic real estate terms.
0 Comments
Leave a Reply. |