A Florida Warranty Deed is a document used to convey ownership of real estate property from one person (the granteror”) to another (the “grantee”). By signing the deed, granterntor guarantees that they have good and clear title to the property, and that there are no other claims against it. The deed also includes covenants of warranty, which means that the granter promises to defend the grantee’s title to the property against any claims from other parties. There are three different types of Florida Warranty Deed: General Warranty Deed, Special Warranty Deed, and Quitclaim Deed. A General Warranty Deed provides the grantee with the most protection, as it includes guarantees from the granter that the title is free from any claims or liens. A Special Warranty Deed is similar to a General Warranty Deed, but the granter only guarantees the title against claims made during their ownership of the property. A Quitclaim Deed does not include any warranties or covenants of title, and is usually used to transfer property between family members.
Florida Warranty Deed
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FAQ
When the quitclaim deed is recorded with the county, one of the parties must pay the transfer tax to the Clerk of the Court for the county. This is also known as the documentary stamp tax, and is typically paid by the grantor. The tax is 70 cents per every $100 of the property's sale price.
A warranty deed by itself does not prove ownership of a property and it is necessary to also have evidence of title of the property. If a deed contains an error, another party could potentially have a claim to that same property.
A deed transferring title to real property from a grantor to a grantee. In Florida, a warranty deed (also called a general warranty deed) provides the grantee with broad warranties and covenants of title and is the customary form of deed used in residential real property transactions.
If you have lost or misplaced your original deed (or other legal document which has been recorded), you can obtain a certified copy from the Recording Office where the original document was recorded. A certified copy has the legal validity of the original document.
In Florida, a quitclaim deed is a legal, simple, and inexpensive way to transfer whatever title a property owner has to the grantee. The purpose of a quitclaim deed is to: add or remove family members onto the property title. transfer property to the owner's LLC.
To sell a home you received through a quitclaim deed, you will still need to transfer ownership using a warranty deed. To do this, you'll need to hire a title company to perform a title search, which will generally cost between $150 and $400, but can be much more depending on the property.
Both a Florida quitclaim deed and a warranty deed transfer an ownership interest in property to someone else. Unlike a warranty deed, a quitclaim deed does not provide any guarantees, or warranty, that the grantee is getting clear and marketable title to the property.
A warranty deed is different than a regular quitclaim deed. A quitclaim deed includes no warranty of good and marketable title. A warranty deed includes five warranties of title. If a buyer discovers an issue with the property title, they may have a legal claim against the title insurance company.