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Florida Special Warranty Deed from an Individual to Two Individuals /...

Florida Individual Form

Name: Florida Special Warranty Deed from an Individual to Two Individuals / Husband and Wife
Brand: US Legal Forms
Price: 59.00 USD
Rating: 4.65 (409 reviews)

Category:

Florida Real Estate - Deeds - Special Warranty

State:

Florida

Control #:

FL-048-78

Format:

Instant download

Description Special Warranty Deed Form

This form is a Special Warranty Deed where the Grantor is an individual and the Grantees are husband and wife. Grantor conveys and specially warrants the described property to the Grantees. The Grantor only warrants and will defend the property only as to claims of persons claiming by, through or under Grantor, but not otherwise. This deed complies with all state statutory laws.

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Florida Deed Individual FAQ

It's important to note that a warranty deed does not actually prove the grantor has ownership (a title search is the best way to prove that), but it is a promise by the grantor that they are transferring ownership and if it turns out they don't actually own the property, the grantor will be responsible for compensating

Special warranties allow the transfer of property title between seller and buyer. The purchase of title insurance can mitigate the risk of prior claims to the special warranty deed.

It will not protect against title issues that arose prior to the time the seller took occupancy. Consequently, it offers less protection to buyers, and more protection to sellers, than a general warranty deed, which is the most common option for selling or buying a property.

Spousal Protection If real estate is held in tenancy by the entirety, both spouses must sign the deed to transfer the property. A sale contract or deed by only one spouse has no effect. Similarly, both spouses are required to mortgage or otherwise pledge tenancy the entirety real estate as security.

A special warranty deed to real estate offers protection to the buyer through the seller's guarantee that the title has been free and clear of encumbrances during their ownership of the property. It does not guarantee clear title beyond their ownership.

Community Property is Owned 50/50 A married buyer can purchase a home on his own, using only his credit, income and assets to qualify for a loan.A borrower who is neither on title or obligated on the loan does not have the right to sell or refinance the property.

A warranty deed guarantees that: The grantor is the rightful owner of the property and has the legal right to transfer the title.The title would withstand third-party claims to ownership of the property. The grantor will do anything to ensure the grantee's title to the property.

Tenancy by Entirety In Florida, married couples can own a title as a community property, where each person is considered to own the entire property. This method provides a few core benefits: Avoiding probate On the date of death of one spouse, the surviving spouse is automatically the owner of the entire property.

In Florida, a special warranty deed transfers title in fee simple to the grantee with warranties and covenants of title that are limited to only the acts of the grantor or that result from the acts of the grantor. A special warranty deed is a form of deed customarily used in commercial real property transactions.

Florida Individual Form

Description Special Warranty Deed Form

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Florida Deed Wife Form popularity

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Florida Deed Individual FAQ

Does a warranty deed prove ownership?

Does a special warranty deed transfer ownership?

Is a special warranty deed bad?

Does a spouse have to be on a deed in Florida?

Why would you use a special warranty deed?

Can spouse get house if not on deed?

Does a warranty deed mean you own the property?

How should married couples hold title in Florida?

What is a special warranty deed in Florida?

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