A Quitclaim Deed in Florida is a method of transferring property ownership. It allows the property owner (“Grantor”) to transfer their interests in the property to a new owner (“Grantee”). Quitclaim deeds are a quick way to transfer property, yet, they provide the lowest level of security among real estate deeds in Florida.
The most common use of quitclaim deeds is between two parties with high levels of trust, such as family members or close friends.
The main difference between a quitclaim deed and warranty deeds in Florida lies in the level of protection they offer to the Grantee over the property’s title. Florida offers two types of warranty deeds: General warranty deeds and Limited warranty deeds. 1. Warranty Deed In Florida, a general warranty deed provides complete assurance from the current owner that the deed is free from issues. [1] 2. Special Warranty Deed A special warranty deed in Florida provides only a limited assurance. The current owner assures that there have been no issues with the title during their period of ownership. In Florida, a quitclaim deed does not provide any assurances that the deed is free from defects. Both general warranty and limited warranty deeds provide some assurance that the property does not have conflicts in ownership. A quitclaim deed will only transfer the owner’s interest in the property. Read more
State law ruling quitclaim deeds can be found in the Florida Statutes, Under Title XL Real and Personal Property, Chapter 689 and Chapter 695. Quitclaim deeds are one of the ways to communicate the transfer of real property. In Florida, a quitclaim deed must contain specific information, including the terms to which both parties agree. [2] Once the deed is executed, it must be filed with the Clerk of Court in the county where the property is located.
A professional drafter is not legally required in Florida. If a drafter is used, it must be an individual, not a business. Their name and address must be included in the deed. [3]
There are multiple requirements for formatting and content that need to be included in a quitclaim deed in Florida.
Content requirements for quitclaim deeds in Florida include:
1. The Grantor’s and Grantee’s name and mailing address
2. Mailing addresses must be included immediately beneath signatures. [6]
3. Drafter’s name and mailing address.
4. Date of execution.
5. The property address.
6. A legal description of property. [7]
7. Consideration clause – The value or the amount of money exchanged. [8]
8. Granting clause – A statement describing the transfer the parties have agreed to. [9]
9. The Parcel ID number. [10]
10. Homestead Statuts [11]
In Florida, the Grantor must sign the deed in the presence of two witnesses and a notary public. [12] The name and mailing address of the Grantor should be directly below the signature. [13]
The names and mailing addresses of the two witnesses should also be directly below each signature. [14] The name and mailing address of the notary must be directly beneath their signature, along with their official stamp. [15]
If the Grantor is married and the property is registered as a homestead, both spouses must sign the quitclaim deed. Alternatively, a spousal waiver of homestead rights can be signed and attached.
The notarization and witnesses can be completed online and electronically signed via audio-video communication technology. [16]
Here’s how to file a quitclaim deed in Florida:
Filing a quitclaim deed in Florida costs $10 for the first page and $8.50 for each extra page for documents printed on paper not more than 8½ x 14 (legal size).
If the quitclaim deed is printed on paper larger than 8½” x 14″ (legal size), additional filing will be charged. [18]
In Florida, the purchase of property using a quitclaim deed triggers two separate taxes. These taxes must be paid at the time of the transfer.
1. Documentary Stamp Tax
A Documentary stamp tax is levied on the transfer of real estate. The documentary stamp tax rate is $ 0.70 per $100 (or a portion thereof) of the total consideration paid. [19]
In Miami-Dade County, the Florida Documentary Stamp Tax rate is 0.6%. Miami-Dade County may also charge a surtax based on the type of dwelling. [20]
2. Tax on Mortgage
In Florida, when the property is secured through a mortgage, two types of mortgage taxes are applicable:
I. Documentary Stamp Tax
The documentary tax is 35 cents for every $100 of the principal amount secured by the mortgage. [21]
II. Intangibles Tax
The intangible tax is calculated at a rate of 2 mills, which is equal to 0.002 times the principal amount of the mortgage. [22]
Finally, federal taxes such as Gift Tax and Capital Gains Tax may also be applicable.
The length of time to record a quitclaim deed in Florida varies greatly depending on the processes, procedures, and population of each county. For example, Orange County takes seven to ten business days to record a deed.
In Florida, once the quitclaim deed is signed and filed, the county will process the document, creating a public record of the transfer of ownership. If the deed is clear of any previous filings, a public record of the transfer of the property’s ownership will be made official.
There is no expiration for quitclaim deeds in Florida. However, the statute of limitations for challenging a deed in Florida is 20 years from the date the deed was recorded with the county. [23] However, if the claim is forgery, then there is no time limit to challenge the quitclaim deed. Under Florida law, a forged deed is void from the date of execution. [24]
Form of warranty deed prescribed. (1) “Warranty deeds of conveyance to land may be in the following form.. (statutory wording). And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever.”
“Form of quitclaim deed prescribed.— (statutory wording on identities of parties involved)… and other good and valuable consideration paid by the second party, the receipt whereof is hereby acknowledged, does hereby remise, release, and quitclaim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to the following described parcel of land, and all improvements and appurtenances thereto… “
(1)(b)The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument;
Requirements for recording instruments affecting real property. No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless: (Details forthcoming.)
(1)(e) A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court; Requirements for recording instruments affecting real property.
The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;
Note: The term “post-office address” is mentioned in the Florida Statute, as has been used interchangeably with “mailing address” by government publications, as noted in Section 1.63(c)(1) , U.S. Patent Office Publication.
“Include the legal description of the real property the instrument purports to convey, or in which the instrument purports to convey an interest, which description must be legibly printed, typewritten, or stamped thereon.”
“Witnesseth, that the said first party, for the sum of $ (amount) , and other good and valuable consideration paid by the second party, the receipt whereof is hereby acknowledged,”
“.. does hereby remise, release, and quitclaim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to the following described parcel of land, and all improvements and appurtenances thereto..”
“Include a blank space for the parcel identification number assigned to the real property the instrument purports to convey, or in which the instrument purports to convey an interest, which number, if available, must be entered on the deed before it is presented for recording.“
(i) Florida Code, Article X, Section 4(C)
The homestead shall not be subject to devise if the owner is survived by spouse or minor child, except the homestead may be devised to the owner’s spouse if there be no minor child. The owner of homestead real estate, joined by the spouse if married, may alienate the homestead by mortgage, sale or gift and, if married, may by deed transfer the title to an estate by the entirety with the spouse. If the owner or spouse is incompetent, the method of alienation or encumbrance shall be as provided by law.
(ii) Florida Code § 732.702
Waiver of spousal rights.(1) The rights of a surviving spouse to an elective share, intestate share, pretermitted share, homestead, exempt property, family allowance, and preference in appointment as personal representative of an intestate estate or any of those rights, may be waived, wholly or partly, before or after marriage, by a written contract, agreement, or waiver, signed by the waiving party in the presence of two subscribing witnesses.
I. Florida Code § 689.01(1)
“No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in, or out of any messuages, lands, tenements, or hereditaments shall be created, made, granted, transferred, or released in any manner other than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring, or releasing such estate, interest, or term of more than 1 year,”
“An acknowledgment or a proof may be taken, administered, or made within this state by or before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be.”
“The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;”
“The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness and the post office address of each such person is legibly printed, typewritten, or stamped upon such instrument;”
“The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs;”
“Any document requiring notarization may be notarized electronically. “
II. Florida Code § 689.01(2)(a)
“For purposes of this chapter: Any requirement that an instrument be signed in the presence of two subscribing witnesses may be satisfied by witnesses being present and electronically signing by means of audio-video communication technology, as defined in s. 117.201.”
Instruments deemed to be recorded from time of filing.—All instruments which are authorized or required to be recorded in the office of the clerk of the circuit court of any county in the State of Florida, and which are to be recorded in the “Official Records” as provided for under s. 28.222.
Service charges. (12) For examining, certifying, and recording plats and for recording condominium exhibits larger than 14 inches by 81/2 inches: First page: 30.00, Each additional page: 15.00.
On deeds, instruments, or writings whereby any lands, tenements, or other real property, or any interest therein, shall be granted, assigned, transferred, or otherwise conveyed to, or vested in, the purchaser or any other person by his or her direction, on each $100 of the consideration therefor the tax shall be 70 cents.
Each county, as defined by s. 125.011(1), may levy, subject to the provisions of s. 125.0167, a discretionary surtax on documents taxable under the provisions of s. 201.02, except that there shall be no surtax on any document pursuant to which the interest granted, assigned, transferred, or conveyed involves only a single-family residence. The single-family residence may be a condominium unit, a unit held through stock ownership or membership representing a proprietary interest in a corporation owning a fee or a leasehold initially in excess of 98 years, or a detached dwelling.
In mortgages, trust deeds, security agreements, or other evidences of indebtedness filed or recorded in this state, and for each renewal of the same, the tax shall be 35 cents on each $100 or fraction thereof of the indebtedness or obligation evidenced thereby.
A one-time non recurring tax of 2 mills is hereby imposed on each dollar of the just valuation of all notes, bonds, and other obligations for payment of money which are secured by mortgage, deed of trust, or other lien upon real property situated in this state. This tax shall be assessed and collected as provided by this chapter.
After 20 years from the recording of a deed or the probate of a will purporting to convey real property, no person shall assert any claim to the property against the claimants under the deed or will or their successors in title.
“.. there is no statute of limitations in respect to the challenge of a forged deed, which is void ab initio.. (void from the beginning)”
793 So. 2d 1000 (Fla. Dist. Ct. App. 2001)
