Below this space, write the name and address of the person preparing the deed. Leave the space at the top blank for use by the county recorder’s office. Step 1 – Obtain Quitclaim Deed Formĭownload the Florida quitclaim deed or use our builder as a template to write in your details. How to Write & File a Quitclaim Deed in Floridaįollow the steps below to write and file a quitclaim deed in Florida. When recording a document, you will need to pay a recording fee in most counties, such as Palm Beach County. Here is an example of the form for Miami-Dade County. In Florida, the Clerk of County Courts records deeds, and each county may have its recording requirements, such as requiring a self-addressed stamped envelope and a Property Transfer Information form to be submitted with the deed. Recording a deed helps protect the grantee’s title against other claims to the property. The best way to protect the transferee’s property rights is to record a quitclaim deed in the county where the property is located. The witnesses must be unrelated to the transaction and must sign the deed. Two witnesses must be present to witness the grantor’s signature on a Florida quitclaim deed for it to be valid under Florida Statutes Section 689.01. No requirement for additional documents exists for a Florida quitclaim deed form. For Miami-Dade County, the tax rate differs depending on the residence type. In most counties, the tax rate is $0.70 per $100 of the total consideration paid. This tax is called a documentary stamp tax. In Florida, transfer taxes are due for property transferred using a quitclaim deed. TerminologyĪlthough Florida law provides that warranty deeds require specific language, Florida law does not contain any requirements for specific language for quitclaim deeds. The acknowledgment must be made before a notary public or certain other public officials. AcknowledgmentsĪ quitclaim deed must be acknowledged according to Florida Statutes Section 695.03. Without the grantor’s signature, the deed is invalid. Signingįlorida Statutes Section 689.01 requires a quitclaim deed to be signed by the grantor, the person transferring the property. In Florida, the appropriate County Clerk or Assessor may provide legal descriptions or you can refer to previous deeds. Use the property’s legal description on the quitclaim deed, which includes the street address, property boundaries, physical description, and the appraiser’s parcel identification number (PIN). The legal description of the property is not the same as the property’s mailing address. LawsĬhapter 689 and Chapter 695 of the Florida Statutes contain most of the laws governing a deed of property in Florida. You must record the deed and pay a recording fee and a transfer tax, called a documentary stamp tax. Under Florida law, a quitclaim deed must contain a legal description of the property, meet specific signing and acknowledgment requirements, and be witnessed by two people. Florida Quitclaim Deed Laws and Requirements To quickly transfer real property in Florida, use a valid Florida quitclaim deed form that meets state requirements. Quitclaim deeds are often used to transfer property between family members or to move property into a trust. The grantee, or person receiving the property, does not get any warranties or promises that there are no claims or liens on the property. One document, the quitclaim deed, transfers real property without providing any covenants or warranties on the property title. How to Write & File a Quitclaim Deed in Florida.Florida Quitclaim Deed Laws and Requirements.Other examples of deeds common in Florida include warranty deeds and fee simple deeds. Florida law allows several forms of deeds to transfer real property, including the quitclaim deed.
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