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Florida
Quitclaim Deed Curing Encroachment

Florida Quitclaim Deed Curing Encroachment

Category:

Real Estate - Deeds - Quitclaims

State:

Multi-State

Control #:

US-0607BG

Format:

Instant download

Description

An encroachment involves a situation where a property owner violates the property rights of his neighbor by building something on the neighbor's land or by allowing something to hang over onto the neighbor's property. Encroachment can be a problem along property lines when a property owner is not aware of his property boundaries or intentionally chooses to violate his neighbor's boundaries.

This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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How to fill out Quitclaim Deed Curing Encroachment?

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FAQ

A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.

The first way to cancel a quitclaim deed is to draft, sign, and record a new deed transferring the property back to the grantor. As quitclaim deeds are generally used in property transfers involving family members or persons who trust each other, both parties may consent to use a new deed to reverse the document.

Under Florida law, a quitclaim deed is finalized by recording it in the country records. It is the most common way to transfer property to a family member, a trust, or your own LLC. In Florida, a quitclaim deed does not give any warranty of title.

To sell a home you received through a quitclaim deed, you will still need to transfer ownership using a warranty deed. To do this, you'll need to hire a title company to perform a title search, which will generally cost between $150 and $400, but can be much more depending on the property.

It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.

Once the quitclaim deed is recorded, it becomes part of the public record. You may also be required to pay a filing fee or costs associated with properties that have an outstanding mortgage. If there is money being exchanged for the deed, documentary stamp taxes will also have to be paid.

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