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.
Florida Special Warranty Deed from an Individual to Two Individuals / Husband and Wife
Category:
State:
Florida
Control #:
FL-048-78
Format:
Word;
Rich Text
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Description Special Warranty Deed Sample
Free preview Special Warranty Form
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Florida Special Warranty Form popularity
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Warranty Deed Husband FAQ
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.
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.
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.
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 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.
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.
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.
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'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