THE SOTO LAW OFFICE, P.A.

In Florida, there are several ways to give or sell your home or investment/rental property. However, it is essential to convey (give or sell) real estate property accurately, as it may create a cloud on the title to the property, which may require a Quiet Title Action. 

 

You may convey real property either by a: (i) Warranty Deed, (ii) Special Warranty Deed, (iii) Quit Claim Deed, (iv) Life Estate Deed, or a (v) Lady Bird Deed (also called an Enhanced Life Estate Deed).

 

A Warranty Deed is the most common deed used when buying a home. You purchase title insurance and pay a premium for a title insurance policy through the title company. The title insurance policy ensures that if someone claims to own your house, you can submit a claim under your title insurance policy, making the title company responsible for defending against the claim or reimbursing you the purchase price for your house.

 

A Special Warranty Deed is a promise made by the Grantor that the Grantor is the only owner since they purchased the property, and there were no liens placed on the property during the time they owned it.

 

A Quit Claim Deed is different from a Warranty Deed and a Special Warranty Deed in that the Grantor makes no assurances or promises regarding the title to their home. Therefore, the Grantee is buying the house "as-is," with up-front knowledge that someone else may claim ownership of the property or that there may be liens or debts of former owners requiring a pay-off.

 

A Life Estate Deed is a deed that will split the ownership and possessory rights between the present Grantor and the future owners. When a Grantor signs this type of deed, he or she is selling or giving the home to their relatives or parties listed on the deed.  The Grantor may continue living in the house throughout his or her lifetime, and none of the future owners may remove the Grantor from the property.

 

A Lady Bird Deed (also called an Enhanced Life Estate Deed) permits the Grantor to retain all rights over their house while they are alive. Once the Grantor passes away, the home by-passes probate and automatically transfers over to the relatives listed on the deed.  Be aware, however, that a Grantor is allowed to change his or her mind (as often as they wish) who will inherit the property when they die.

 

For example, the Grantor signs this type of deed and picks two of their children to receive the property when they pass away.  Years later, however, the Grantor changes his or her mind then lists different relatives on the deed.  The property then transfers over to the newly listed relatives without having the current Grantee sign any documentation or agreeing to the change.

 

Did you sign the deed correctly?

 

After you decide which deed is appropriate for you, the deed must be executed correctly under the formalities of Florida Statutes.

 

Under §689.01 of the Florida Statutes, a Deed must be in writing, signed by the Grantor, and the Grantor must sign the deed in the presence of two subscribing witnesses and a notary public whose notary block, stamp and signature must appear on the document.

 

It is vital that you consult with a real estate attorney who will ensure you have the right type of deed for your property and that it is properly signed to protect your ownership rights! Contact Florida Real Estate Attorney, Kimberly M. Soto at 321.972.2279 to discuss your real estate issues and determine which deed is appropriate for your particular needs.

 

The Soto Law Office, P.A. is conveniently located in Altamonte Springs, Florida, near I-4, and proudly serves residents in Altamonte Springs, Apopka, Casselberry, Longwood, Ocoee, Orlando, Brevard, Lake, Orange, Osceola, Seminole, and Volusia Counties.