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Section 201.02(1)(a), Florida Statutes (F.S.), imposes documentary stamp tax on any document (for example, deeds) that transfers an interest in Florida real property.
United States government agencies; Florida government agencies; and Florida's counties, municipalities, and political subdivisions are exempt from documentary stamp tax.
Stat. § 689.041. Section 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.
727.104(2). (9) "Lien" means a charge against or an interest in property to secure payment of a debt or performance of an obligation, and includes a security interest created by agreement, a judicial lien obtained by legal or equitable process or proceedings, a common-law lien, or a statutory lien.
727.114, Florida Statutes. If all debts and liabilities are paid in full, any funds of the estate remaining shall be returned to the assignor.
201.02 Tax on deeds and other instruments relating to real property or interests in real property.
In Florida, no documentary stamp tax is owed on this type of transfer if (a) no money or other consideration is given in exchange for the property and (b) there is no mortgage on the property. Otherwise, the documentary stamp tax will apply to the unpaid balance of the mortgage or value given for the property.
A quitclaim deed allows someone to transfer their ownership interest in a property without providing any legal assurances to the person receiving the ownership interest. Under Florida Statute § 695.01 to 695.28, anyone who wants to own real estate must do so in writing by way of a deed.