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Jacksonville Quit Claim Deeds

A Jacksonville quit claim deed is a legal document that is used to transfer real estate property from one person, known as the grantor, to someone else, known as the grantee. Quit claim deeds are used when the grantor has a deed that is considered legal and valid and the title does not contain any defects. If the grantor does not have a legal and valid title to the property, a quit claim deed may be considered invalid. Quit claim deeds are generally used to transfer property between family members, to place the property into a trust, or to transfer it to the grantor’s own LLC. Our Jacksonville Quit Claim Deed lawyers can help.

What is the Difference Between a Warranty Deed and a Jacksonville Quit Claim Deed?

There are many ways to transfer property to another person and the two most often considered are through a warranty deed or a quit claim deed. Many people do not understand the difference between these types of claims, but they are important. A warranty deed guarantees that the title on the property is legitimate and valid, while a quit claim deed does not offer such a guarantee. Without a guarantee, the grantee is not offered the same protections, which is why quit claim deeds are most often used when property is being transferred to the same party, or to a relative.

How to File a Jacksonville Quit Claim Deed

To execute and record a Jacksonville quit claim deed, you must first obtain a form. Attorneys usually have these forms and will assist you with filling it out and filing it so no mistakes are made that could pose an issue in the future. If the property is the residence of the grantor, you will need a homestead exemption as well as the names and current addresses of both parties involved. The deed can then be entered into public record at the comptroller’s office in your county and you will retain the original.

Can You Use a Quit Claim Deed if the Property has a Mortgage?

It is a common misconception that you cannot execute a quit claim deed if you have an existing mortgage on the property. While mortgaged property can still use a quit claim deed, it is important to understand that the deed will not transfer the loan. This means the grantor will still be responsible for paying their home loan, even after the rights to the property have been transferred.

If the lender learns that the property has been transferred and the mortgage was not paid in full at the time, they may call the entire loan due at once. Still, if the grantor continues to pay the mortgage and an escrow account does not exist, the lender will likely not require you to repay the entire loan immediately.

Call Us for Your Quit Claim Deed in Jacksonville Today

If you need to transfer property, our attorneys at My Florida Deed can advise on whether a Jacksonville quit claim deed is appropriate, and will help you through the process. Call us today at 407-205-2906 or contact us online to obtain the forms and legal advice you need.

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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.

Flat Fee: $175.00

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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.

Flat Fee: $175.00

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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.

Flat Fee: $175.00

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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.

Flat Fee: $175.00

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