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When you transfer title and ownership of real estate in Florida, you sign a deed conveying or transferring the property to the new owner. In most real estate closings, the seller is responsible for providing the deed that is signed at closing.
The quitclaim deed must: Identify the current owner (grantor) and person receiving the property (grantee). State the legal consideration for the property. Provide a legal description of the property. Be signed by the grantor with two witnesses and a notary.
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.
Disadvantages to Lender A lender should also hesitate before accepting a lieu deed where there are outstanding subordinate liens or judgments against the property. In such a situation, the lender will have to foreclose its mortgage, with the attendant expense and time involved to obtain clear title.
Having a lawyer on your side who has experience handling quitclaim deeds and property transfers can be very beneficial and help you move through the process more efficiently. The repercussions of a quit claim deed can be dire if it isn't constructed properly.
A habendum clause is section of a contract that deals with rights, interests, and other aspects of ownership given to one of the parties in land deals. In real estate leases, the habendum clause deals with the lessee's rights and interests.
Disadvantages of a deed in lieu of foreclosure You will have to surrender your home sooner. You may not pursue alternative mortgage relief options, like a loan modification, that could be a better option. You'll likely lose any equity in the property you might have.
In Florida, you can make a quitclaim deed or hire someone like a lawyer to do it for you. However, ensuring the deed is prepared correctly and adheres to legal requirements is crucial. Preparing a quitclaim deed involves understanding the legal rules for deeds in Florida and how to file them with the county.