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A quitclaim allows a person to transfer property to another person with a simple deed. The basic idea is that all the rights and claims of being a property owner are relinquished and legally turned over to someone else.
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.
All deeds executed in Florida must be signed in the presence of a notary public and two witnesses. Because there are several different types of deeds used to convey real estate, it is important to work with a Daytona real estate attorney.
? Quitclaim deed must be written and signed by grantor before a notary public. ? Must include legal description, property address, county, date, grantor and grantee names, and transfer amount (if any). ? File the quitclaim deed with the County Clerk or City Registrar.
The grantor's signature must be witnessed and notarized in order to be recorded in the public record. Then, the grantee delivers the signed, witnessed, and notarized quitclaim deed to the county comptroller's office for the county where the property is located for recording.
Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.
Ing to Florida Statute 695.26, a quitclaim deed must contain these certain elements: Name and address of person preparing the deed. Grantor's name and address. Grantee's name and address. Signatures of the grantors. Two witnesses for each signature/ Notary acknowledgment with signature.
Although you can make a quitclaim deed yourself, we suggest hiring a real estate lawyer to ensure your deed is done right and meets the legal and filing requirements for Flordia and the local country recorders office where the property is located.