Florida Warranty Deeds
Many people are aware of what a deed is and the function they perform. However, these same people are unaware that there are many different types of deeds. A Florida warranty deed is just one type of deed, but it is an important one. Warranty deeds are most beneficial to purchasers of real property, as it protects them and provides reassurance that the title is valid. If you need a warranty deed, it is important to know what function they perform and why they are important. Our Florida warranty deed lawyers can help.
Flat Fee: $175.00
What is a Warranty Deed in Florida?
Warranty deeds are one of the most common types of deeds, along with quit claim deeds. These two types of deeds are also recognized in not only Florida, but throughout the entire country. When a person is interested in purchasing real property though, a Florida warranty deed is much more appropriate and beneficial than a quit claim deed. Through a warranty deed the grantor of the property, or the person transferring it, provides a number of protections to the grantee, or the person buying the property.
A warranty deed makes a guarantee to the purchaser of the property that the seller is the legitimate owner of the property and therefore has the right to sell it. A warranty deed provides the reassurance that the title does not contain any defects that could impact the grantee’s future right to ownership. Warranty deeds also guarantee that there are no other ownership claims against the property. Additionally, warranty deeds also provide a legal remedy for grantees in the event that it is found the title does contain a defect.
Types of Florida Warranty Deeds
While there are a number of different types of deeds a person may need to execute, there are also two different types of warranty deeds available. A special warranty deed will guarantee that there were no issues with the title during the time the grantor owned the property. A general warranty deed, on the other hand, will provide the most protection to purchasers of property. A general warranty deed will guarantee that any title issues that arose during the grantor’s time of ownership have been resolved and that there are currently no unresolved issues on the title.
When to Use a Florida Warranty Deed
If you are purchasing property from a family member, a quit claim deed may be more appropriate than a Florida warranty deed. However, in most real estate transactions, the buyer and seller are strangers to each other. In this case, a warranty deed is an absolute must, and something the purchaser’s lender will likely require to ensure there are no real problems with the property in the future.
We Can Help You Obtain a Warranty Deed in Florida
If you are thinking about purchasing property in the Sunshine State, it is critical that you obtain a Florida warranty deed. At My Florida Deed, we can provide this form and advise on how to ensure it is properly completed. Call us today at 407-205-2906 or fill out our online form to learn more.
Please answer all questions in the form below
Real estate deeds are recorded in the county where the property is located. It is extremely important to provide the county where the property is located, otherwise your deed will be legally void and completely ineffective. Some cities in Florida are located in more than one county, which can cause confusion. If you are not sure what county the subject property is located in, select “I’m not sure” on the pull-down menu and we will research the matter for you.
While it is not absolutely necessary for preparing your deed, knowing the physical address can help us properly locate and identify the property. If you don’t know the street address, you can leave this field blank.
It is helpful if you can upload a deed which was previously recorded for the subject property. If you don’t have a prior deed, don’t worry. We will locate one in public records.
This is important to know because all of the current owners (and sometimes their spouse) need to sign your new deed in the presence of two witnesses and a notary in order for you deed to be legally valid.
Because Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences), the spouse of an owner who is not on title will be required to execute the deed as well as the spouse who is a current owner.
Identifying the number of new owners is crucial to completing your new deed.
We need to know who the current owners are because we have to determine their marital status for purposes of preparing your new deed. If you don’t know this information, we can search public records to find it.
The marital status of each owner is important, because in some circumstances the spouse of an owner will be required to execute the deed even though he or she is not an owner of record on the subject property. Florida homestead laws give ownership rights to spouses who are not on title of homestead property (primary residences).
This is probably the most crucial information that our firm has no way of obtaining other than through information you provide. It is very important to provide the full legal name of each new owner of the property.
The marital status of the new owners is also crucial to properly preparing your new deed, especially if the property will be the primary residence (homestead) of any of the new owners.
Tenancy in Common – TIC Tenancy in common (TIC) is an arrangement where two or more people share ownership rights in a property or parcel of land. When a tenant in common dies, the property passes to that tenant's estate. Each independent owner may possess and control the property. The co-tenants may have a different share of ownership interests. For example, Mike and Sally may each own 25% of a property, while Ed owns the remaining 50%. While the percentage owned varies, no individual may claim ownership to any specific part of the property, only an unspecified percentage.
Joint Tenants with Right of Survivorship – JTWROS A joint tenancy or joint tenancy with right of survivorship (JTWROS) is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, without probate. The deceased owner's interest in the property simply evaporates and cannot be inherited by his or her heirs. Under this type of ownership, the last owner living owns all the property, and on his or her death the property will form part of their estate. Unlike a tenancy in common, where co-owners may have unequal interests in a property, joint co-owners have an equal share in the property.
Tenants by the Entirety - TBE Like a Joint Tenancy with Rights of Survivorship, the tenancy by the entirety (TBE) also encompasses a right of survivorship, however this form of ownership is only available in Florida to married couples. With properties that are owned as TBE, if one spouse dies, the entire interest passes to the surviving spouse without going through probate.
The date that the deed is signed by the current owners (Grantors) is the legally operative date of the deed. Under Florida law a deed does not need to be recorded in public record to be valid, however it is crucial to record the deed to put “the World” on notice of the transfer. If a subsequent party records an interest in real property in reliance on recorded documents in the public record, the new owners’ interest in the subject property could be adversely affected by a failure to timely record the new deed once it has been properly executed.
Please explain the issue with the deed that needs to be corrected with specificity. Give us as much information as you can about why the deed needs to be corrected, including the legal names of intended grantors or grantees, or why the legal description is incorrect (if applicable).