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Florida Deeds

Florida deeds are required in most real estate transactions, and they provide valuable protection in others. If you are going through a real estate property transaction, it is important to speak to an attorney that can help you identify the type of deed you need, the new and current owners, and any other pertinent information required for the complete deed that will meet your specific needs. Below are some of the most common types of deeds that our Florida deeds lawyer can help with.

Corrective Deeds

Corrective deeds allow a person to make any corrections to an original deed, although they are not always necessary. For example, if the original deed did not contain a date, or the date was wrong, this does not necessarily call for a corrective deed. On the other hand, if there is a typo in the legal description, this is a much more significant error and could impact the classification of the property. In this case, a corrective deed is necessary. After a corrective deed is recorded, any invalidities of the original deed are rendered irrelevant and the deed is considered valid once again.

Lady Bird Deeds

Lady bird deeds are special types of deeds outlined in the Florida Statutes. Through a lady bird deed, an owner of real estate property can use and control the premises for their entire life. Upon their death, ownership of the property will automatically transfer to the owner’s heirs or beneficiaries without the need of going through probate. It is important to note that with a lady bird deed, you are not prevented from selling the property during your lifetime even when the grantee, or the person that will inherit the property, does not consent.

Quit Claim Deeds

A quit claim deed will transfer the interest the grantor, or the old owner, had in a property to the grantee, or the new owner. While a quit claim deed will successfully transfer the property, it will not provide any warranty or guarantee that there are no issues or defects on the title. Only a warranty deed can do that. As a result, quit claim deeds are not typically appropriate when the grantor and grantee are strangers. However, a quit claim deed is quite useful when transferring ownership of property to a relative, an LLC, or a trust.

Warranty Deeds

Warranty deeds transfer ownership of a property from the original owner, known as the grantor, to a new owner, known as the grantee. Essentially, a warranty deed ensures that the grantor has the legal right to the title and that there are no other ownership claims on the property. A warranty deed also promises the grantee that the grantor will defend against anyone that comes forward in the future arguing that they have a real interest in the property.

Documentary Stamps

The documentary stamp tax (“doc stamps”) is an excise tax imposed on certain documents executed, delivered, or recorded in Florida, which transfers an interest in Florida real property. The tax is levied at 70 cents for each $100 of consideration for most recorded documents (i.e., deeds). For purposes of determining whether doc stamps are owed, consideration is defined as: money paid or agreed to be paid, the discharge of an obligation, and the amount of any mortgage, purchase money mortgage lien, or other encumbrance, whether or not the underlying indebtedness is assumed. It is important to note, that if the transfer involves multiple forms of consideration (a mortgage AND there is consideration paid) the amount taxed will be the sum of both. There are several exceptions to the required payment of doc stamps, however, the laws are complex and failure to pay or payment of incorrect tax carries stiff penalties.

We Can Advise on the Florida Deeds Right for You

If you are entering into a transaction involving real property, our attorneys at My Florida Deed can help. We will advise on the type of Florida deeds that are right for your situation, and help you through the process to ensure it is done correctly. Call us today at 321-379-7690 or contact us online to learn more about how we can help.

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We don’t deliver or record your deed until it has been
reviewed by a Florida Real Estate Attorney! We Offer More! Including:

We record your executed deed for you, so you don’t have to figure it out

Guaranteed legal accuracy of your deed

Peace of mind knowing your deed was prepared, executed and recorded properly!

Recording Included

After you have executed your documents before a Notary Public and Returned them to us, we record them for you, the cost of which is included in your flat fee to our firm (not including documentary stamps to the State of Florida, if any).

Reviewed Directly By
An Attorney

Before your deed is emailed to you, one of our senior, Florida-licensed, Real Estate Attorneys thoroughly reviews your deed to ensure it has been properly prepared and will be legally sufficient to accomplish your goals.

Direct Communication
To An Attorney

If you have any questions or concerns, our attorneys are available to answer and address them. In order to confirm proper preparation of your deed, an attorney may also reach out to you if he or she has any questions.

Legal Representation
Available

We are a full-service real estate law firm, and can assist you with any matter related to real estate, including offering title insurance and real estate closing services, fiduciary duty advice, escrow dispute and contracts dispute advice, partition actions, and more.

Competitive Fees

Ours is more and more an online world where transactions can be conducted with ever-increasing efficiency. Our goal is to prepare a legally operative deed for you at a competitive price, while delivering top notch service.

Up-Front Costs

Everyone hates hidden fees, which is why we don’t charge them. The only fee that you may owe, in addition to flat fee to our firm, are documentary stamps (a kind of tax) to the State of Florida Department of Revenue.

Selecting the Type of Deed

This online wizard will guide you through a brief series of questions that will assist our attorneys in identifying the property to be deeded, the current and new owners, and other specific information that will be required to ensure that we draft a proper and complete deed to meet your needs. In most cases this process will take less than ten minutes to complete.

In order to get started, it would be helpful for you to have the following items and information available:

  • 1.) A copy of the prior deed conveying the property.
  • 2.) The physical address of the property and county where the property is located.
  • 3.) The legal names and addresses of every person or business who will be receiving an ownership interest in the property once the deed is executed.

While it is not required that you have the prior deed, providing a copy will streamline the process of drafting your new deed. At the very least our firm will require the property address and county where the property is located in order to locate the prior deed in public records of the county where the property is located.

Our firm offers four types of deeds:

  • Warranty Deed
  • Quit Claim Deed
  • Lady Bird Deed
  • Corrective Deed

Do you already know what type of deed we will be preparing for you?

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WARRANTY DEED

A Warranty Deed conveys property from the old owner (Grantor) to the new owner (Grantee) together with a guarantee that the Grantor has legal right, title, and interest in the property being conveyed and is authorized to do so. The warranty being given by the Grantor assures the Grantee that no one else has a valid ownership claim in the property. Essentially, it is the Grantor promising the Grantee that the Grantor is the only rightful owner of the property, and as such, the Grantor has the full authority to convey the property. This type of deed further provides a promise from the Grantor to the Grantee that the Grantor will defend against anyone who might come forward at any time in the future and try to make a claim that they had an interest in the property at the time of the conveyance to the Grantee.

This type of deed is generally used when consideration is being paid for the sale of the property between two unrelated parties.

$375.00 Flat Fee

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*Does not include Documentary Stamps, if required by the State of Florida

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Quit claim Deed

A Quit Claim Deed conveys any interest that the old owner (Grantor) may have in the property to the new owner (Grantee). Although this type of deed does successfully convey any interest the Grantor may have, it does not provide a warranty, or guarantee, to the Grantee that the Grantor had the legal right, title, and interest in the property to convey it. That is not necessarily to say that the Grantor does not have the legal right, title, and interest in the property being conveyed. It just relieves the Grantor from binding himself to a promise made to the Grantee regarding the property interest being conveyed.

This type of deed is generally used for the conveyance of property between related parties or when no consideration is being paid, such as for a gift or estate planning purposes. This type of deed is also commonly used for property transfers made in connection with a divorce.

$375.00 Flat Fee

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LADY BIRD Deed

A Lady Bird Deed is a unique form of deed created by statute in the State of Florida, and a powerful tool to avoid probate. With the Florida lady bird deed, you give yourself a life estate interest in your property and appoint remaindermen to become owners immediately upon your death. A life estate is a right to live in the property until your death. Remaindermen are like beneficiaries of your estate, who have a future ownership interest. What makes Florida lady bird deeds so valuable is that you retain full interest in the real property. As the life tenant you reserve for yourself the right to sell, encumber, and otherwise do as you please with the real estate during your lifetime, and without and knowledge or consent of the remaindermen. You may also change the remaindermen at any point in time or even revert the whole interest back to yourself.

$375.00 Flat Fee

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CORRECTIVE Deed

A Corrective Deed can be executed and recorded to fix any errors in the original deed, including those that are otherwise fatal to the validity of the prior deed, such as an improper legal description. If the original deed contains significant errors, a new deed must be executed. A corrective deed is required when a grantor transfers property he or she once owned but does not any longer, errors that exceed simple typos in significance exist in the deed, or the deed lacks sufficient witness(es) or a notary acknowledgment. Invalid deeds can be rendered valid again if a Corrective Deed is made a matter of public record. Doing so clarifies the intent of the original deed.

$375.00 Flat Fee

Start Deed