US Legal Forms
Change or Modification Agreement of Deed of Trust

Deed Of Trust Records Format In Florida

Q: What type of deed is most commonly used in Florida?

General Warranty Deed A Warranty Deed is the most common type of deed used in Florida real estate transactions.

Q: Can I look up a deed in Florida?

There are many ways to look up the deed on the county&#039;s website. You can search by Name of Grantor or Grantee. If you search by Document Type, you must choose (D) Deed as your document type and then you can narrow the search by the date.

Category:

Real Estate - Mortgages and Deeds of Trust

State:

Multi-State

Control #:

US-00183

Format:

Instant download

Description

The Deed of Trust Modification Agreement is a legal instrument used in Florida to modify the terms of an existing mortgage or deed of trust. This agreement is crucial for borrowers and lenders as it reestablishes the lien against the property while detailing the renewed terms of the debt. The form captures all necessary information, such as borrower and lender details, modification date, original security instrument details, and property descriptions. Key features include renewal and extension of liens, payment terms, and co-grantor responsibilities. Users will also find provisions regarding late charges, default notices, and the borrower's right to prepay without penalties. It's particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants involved in property transactions or refinancing, as it streamlines the modification process and ensures compliance with Florida regulations. Clear filling and editing instructions make it accessible for those with limited legal experience, ensuring accurate completion.

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FAQ

General Warranty Deed — A Warranty Deed is the most common type of deed used in Florida real estate transactions.

While the act of recording a quitclaim deed makes the transfer official in public records, Florida law does not mandate such recordation for the deed's validity.

Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.

Florida law stipulates that a deed must be signed by the parties involved and witnessed by two individuals. If a deed lacks the requisite witnesses, it faces legal challenges. This can result in difficulties during property transfers and land record disputes.

There are many ways to look up the deed on the county's website. You can search by “Name” of Grantor or Grantee. If you search by “Document Type,” you must choose “(D) Deed” as your document type and then you can narrow the search by the date.

For a deed to be valid, it must contain several essential elements, including the operative words of conveyance, description of the property, signatures, delivery, proper formatting and execution, absence of defects and encumbrances, legal capacity of parties, proper recording, and voluntary execution.

Forgeryand fraud A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.

Is Florida a Mortgage State or a Deed of Trust State? Florida is a Mortgage state.