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A statutory form for a warranty deed is provided in section 689.02 of the Florida Statutes. The grantor to a warranty deed offers a covenant of full warranty to the title of the land being conveyed, and will defend the same against the lawful claims of all persons (689.02).
In most real estate sales, a closing agent or title company will supply a form warranty deed for the seller to sign. Then the title company will cause the warranty deed to be recorded.
A statutory warranty deed is a short-form deed that includes the promises of a long-form general warranty deed. It guarantees the grantor holds and is transferring full and legal title to the property. Using either a statutory or general warranty deed provides the most protection to the buyer of the property.
Similar to the General Warranty Deed, the Special Warranty Deed conveys fee simple title and has the same five covenants of title. Where the Special Warranty Deed differs is that the application of the five covenants of title is limited to only the time period during which the seller owned the property.
How do you file a warranty deed in Florida? A properly executed warranty deed is filed, or recorded, in the official records of the county where the property is located. The county records office will scan and stamp the deed. The records office will return the original to the property buyer.
A statutory warranty deed vs. A specialty warranty deed (as opposed to a general warranty deed) guarantees only that there were no claims made against the title while the grantor owned the property.
A statutory warranty deed, also referred to as a general warranty deed in Florida, provides full and complete warranty of the title for the property being sold or transferred. This legally protects the grantee against any type of claim.
Florida deeds must meet the following formatting requirements. Paper. Florida does not impose specific page-size requirements for deeds. ... Blank Space for Recorder's Stamp. ... Margins. ... Current Owner and New Owner Names and Address. ... Granting Clause. ... Consideration. ... Property Description. ... Parcel Identification Number.