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My Florida Deed > Orlando Warranty Deeds

Orlando Warranty Deeds

The exchange of property is always exciting but when the transaction takes place between two strangers, it is essential that buyers ensure they are protected. A warranty deed will transfer the legal ownership rights of a property, and ensure there are no defects within the title that could deem it invalid. While an Orlando warranty deed is not usually necessary when property is being transferred to a trust, LLC, or a family member, they are always recommended when the two parties involved in a transfer of property are unknown to each other. An Orlando warranty deed lawyer can help guide you through the process.

What Does an Orlando Warranty Deed Protect Against?

Warranty deeds are legal documents that state which party legally owns the property, and whether there are any outstanding encumbrances or outstanding liens on the property. Orlando warranty deeds are typically used to state:

  • The full name of the rightful owner to the property
  • The property is cleared of any encumbrances, judgments, or liens, and
  • That there are not any third party claims of ownership on the property

Under Florida law, warranty deeds must meet certain requirements and it is always advisable to work with a lawyer that can provide the advice you need, and ensure these documents are executed correctly. It is also important to note that there are typically two different types of warranty deeds available. These are general and special warranty deeds.

General Warranty Deeds vs. Special Warranty Deeds

The two different types of warranty deeds are important, particularly for buyers that want to ensure they are offered the most protection possible. The difference between general and special warranty deeds are as follows:

  • General warranty deeds: General warranty deeds are most beneficial to purchasers because they guarantee that the existing owners have provided full disclosure about any liens, encumbrances, easements, and judgments on the property, and that the grantor has full ownership of the property. Essentially, general warranty deeds ensure the purchasers of the property are fully aware of the deal they are entering into. Under a general warranty deed, the grantor can also be held legally liable for paying damages if a claim is made against the property.
  • Special warranty deeds: Special warranty deeds do not offer as much protection to purchasers because they only guarantee that there are no encumbrances on the property. It does not provide any protection to the grantor if a claim is made against the property. Special warranty deeds are generally used by owners that will temporarily have rights to the property, such as lenders, and are common in commercial real estate transactions.

A lawyer can advise on what type of warranty deed is appropriate for a specific situation.

Call Us for Your Warranty Deed in Orlando Today

If you are purchasing property and need protection, our attorneys at My Florida Deed can provide the Orlando warranty deed you need. Call us today at 407-205-2906 or fill out our online form to obtain the important information you need and to learn more about how a warranty deed can help 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.

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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