Miami-Dade Florida Warranty Deed in Lieu of Foreclosure

State:
Florida
County:
Miami-Dade
Control #:
FL-03149-A
Format:
Word; 
Rich Text
Instant download

Description

This deed, or deed-related form, is for use in property transactions in the designated state. This document, a sample Warranty Deed in Lieu of Foreclosure, can be used in the transfer process or related task. Adapt the language to fit your circumstances. Available for download now in standard format(s).

Miami-Dade Florida Warranty Deed in Lieu of Foreclosure is a legal document that allows a homeowner to transfer ownership of their property to the lender in order to satisfy their mortgage debt, instead of going through the foreclosure process. This type of deed provides certain warranties and assurances to the lender about the property's title. In Miami-Dade County, Florida, there are two common types of Warranty Deed in Lieu of Foreclosure: 1. General Warranty Deed in Lieu of Foreclosure: This type of deed provides the highest level of protection to the lender. It guarantees that the property is free from any liens, claims, or encumbrances, both past and present. The homeowner willingly transfers complete ownership of the property to the lender. 2. Special Warranty Deed in Lieu of Foreclosure: This type of deed provides a more limited warranty to the lender. It guarantees that the homeowner has not caused any title defects during their ownership, but does not cover any issues that may have existed prior to their ownership. The special warranty deed is often used in cases where the homeowner's ownership period is relatively short. When a homeowner enters into a Miami-Dade Florida Warranty Deed in Lieu of Foreclosure, they are essentially handing over the property to the lender as a way to satisfy their mortgage debt. In return, the lender agrees to release the homeowner from any further obligation under the mortgage, effectively avoiding the lengthy and costly foreclosure process. This can be a beneficial solution for both parties when foreclosure seems inevitable. It is important to note that the process of executing a Warranty Deed in Lieu of Foreclosure in Miami-Dade County, Florida, involves various legal considerations and requirements. It is highly recommended for homeowners to consult with experienced real estate and legal professionals to ensure the deed is properly executed and all necessary documentation is in order. If you find yourself facing financial difficulties and unable to meet your mortgage obligations in Miami-Dade County, exploring the option of a Warranty Deed in Lieu of Foreclosure may be worth considering. However, it is crucial to thoroughly understand the implications and seek professional advice specific to your situation before proceeding.

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FAQ

inlieu of foreclosure is an arrangement where you voluntarily turn over ownership of your home to the lender to avoid the foreclosure process. inlieu of foreclosure may help you avoid being personally liable for any amount remaining on the mortgage.

A deed in lieu of foreclosure is a legal procedure that allows a homeowner to transfer ownership of their property to the mortgage lender or loan servicer to satisfy the outstanding debt on the mortgage.

Your mortgage servicer might offer the following options as an alternative to foreclosure: Forbearance. This option temporarily suspends payments, allowing you time to make up the shortfall.Repayment Plan.Loan Modification.Refinance.Partial Claim.Forgiving a Payment.

There are several differences between a deed in lieu of foreclosure and a foreclosure. Mainly, a deed in lieu is a mutual agreement between a homeowner and their lender, while in a foreclosure, the lender involuntarily takes back the property after an extended period of nonpayment by the homeowner.

Less damage to your credit: A deed in lieu agreement stays on your credit report for 4 years while a foreclosure sticks around for 7 years. Taking a deed in lieu agreement can allow you to buy a new home sooner than if you go through a foreclosure.

There are essentially four basic types of deeds in Florida and a few additional specialized ones based off those four. Those four basic types of deeds, in order of diminishing benefit to the Grantee, are: the Warranty Deed, the Special Warranty Deed, the Fee Simple Deed, and the Quit Claim Deed.

Does Florida require witnesses for a warranty deed? Yes, Florida requires a warranty deed to be witnessed by two people pursuant to section 689.01 of the Florida statutes. Only the grantor (current owner) needs to sign the warranty deed. A notary seal is required to record the deed.

Your credit score may drop by a range of 50 to 125 points after a deed in lieu of foreclosure, depending on where it stood before the deed in lieu, according to FICO data. The impact is slightly less severe than a foreclosure filing, though, which may drop your credit score by as many as 160 points.

In Florida, a special warranty deed transfers title in fee simple to the grantee with warranties and covenants of title that are limited to only the acts of the grantor or that result from the acts of the grantor. A special warranty deed is a form of deed customarily used in commercial real property transactions.

How to Buy a Foreclosed Home In Florida in 6 Steps Hire a Florida Realtor Experienced in Foreclosures. Find Homes Being Foreclosed. Look at Compas and Perform Due Diligence. Secure Financing. Attend the Auction, Bid, and Win. Wait Until You Receive Title.

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What type of documents can be Recorded? 8. What are the requirements for Recording a Deed?Should only be property located within Miami-Dade County. Deeds in lieu of foreclosure. Assistance in completing this form. Surtax and recording fees Cimbler was also required to record the warranty deed in the. Miami-Dade County public records Although Cimbler claims that he. Fill in the blank form formatted to comply with all recording and content requirements. Special Warranty Deed dated March 10, 2011 in favor of Buyer recorded on March 10, 2011 in. Sure or obtaining a deed in lieu of foreclosure.

Proof of a previous deed from the previous purchaser. Proof of payment of any liens and encroachments and all liens or encroachments by Seller, Buyer, or any third party. Sale price of the Sale and payment of all liens or encroachments of Seller, Buyer, or any third party by Seller, Buyer, or any third party. A statement stating that this new warranty will not operate as a foreclosure. In the event that Seller, Buyer, or any third party files a foreclosure against Seller, Buyer, or any third party without consent, they will be notified in writing of the intent to file such foreclosure. It is the express intent of the parties to record this specific warranty deed in this exact format. If no prior deeds exist in the name of Buyer; one or more warranty deed or other documents may be substituted.

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Miami-Dade Florida Warranty Deed in Lieu of Foreclosure