Florida Quitclaim Deed (Short Form)
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How to fill out Quitclaim Deed (Short Form)?
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FAQ
Florida quit claim deed requirements The quit claim deed needs to include the full legal name of both the grantor(s) and the grantee(s). For a grantor, this should be the name as it appeared on the deed when the grantor obtained title. For the grantee, this should be the full legal name of the grantee.
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.
Florida law requires specific elements to be included in a quitclaim deed for it to be legally binding. These components are the legal names of the grantor and grantee, a precise legal description of the property, the signature of the grantor, and, importantly, the deed must be notarized.
While the act of recording a quitclaim deed makes the transfer official in public records, Florida law does not mandate such recordation for the deed's validity. However, the state does emphasize the importance of recording the transfer of ownership interest in public records to maintain an accurate chain of title.
In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.
