Florida Authority to Release of Deed of Trust

State:
Multi-State
Control #:
US-00186
Format:
Word; 
Rich Text
Instant download

Description

This form is an Authority to Release. The county clerk is authorized and requested to release from a deed of trust a parcel of land to the executor of the estate. The form must be signed in the presence of a notary public.

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How to fill out Authority To Release Of Deed Of Trust?

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FAQ

689.041 Curative procedure for scrivener's errors in deeds.? (1) As used in this section, the term: (a) ?Erroneous deed? means any deed, other than a quitclaim deed, which contains a scrivener's error.

The Florida Trust Code allows settlors, co-trustees and beneficiaries to request the court for a Trustee to be removed. If any of the following criteria are met, there is a very strong chance the Trustee will be removed: The Trustee has committed a 'serious breach of trust'.

Quit claim deeds are legal documents used to transfer ownership, in whole or in part, from one person to another. Unlike other types of deeds, they do not provide warranties or protections that the interest being transferred is clear, marketable or even legally owned by the party purporting to transfer it.

Typographical mistakes occur. What happens when these errors occur in serious legal documents like a deed? Florida Statute § 689.041 establishes a procedure for mere typographical or inadvertent mistakes (also known as ?scrivener's error?) in the description or identification of real property in deeds.

The power conferred by any recorded instrument on a trustee of a land trust to sell, lease, encumber, or otherwise dispose of property described in the recorded instrument is effective, and a person dealing with the trustee of a land trust is not required to inquire any further into the right of the trustee to act or ...

Section 701.04 - Cancellation of mortgages, liens, and judgments (1) (a) Within 10 days after receipt of the written request of a mortgagor, a record title owner of the property, a fiduciary or trustee lawfully acting on behalf of a record title owner, or any other person lawfully authorized to act on behalf of a ...

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).

A scrivener's affidavit is an affidavit made by a scrivener or (in more modern terms) the preparer of the deed. In layman's terms, when a deed has certain technical defects or factual inaccuracies, a scrivener's affidavit is a good way to fix those defects and inaccuracies.

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Florida Authority to Release of Deed of Trust