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A quitclaim deed is the simplest way to transfer real estate in Florida. It is usually used to transfer title to a person, trust, or company or to add a name to a deed.
It's usually a very straightforward transaction, but it's possible for a quitclaim deed to be challenged. If a quitclaim deed is challenged in court, the issue becomes whether the property was legally transferred and if the grantor had the legal right to transfer the property.
The first way to cancel a quitclaim deed is to draft, sign, and record a new deed transferring the property back to the grantor. As quitclaim deeds are generally used in property transfers involving family members or persons who trust each other, both parties may consent to use a new deed to reverse the document.
A quitclaim deed is like saying, ?I don't want my claim on this property anymore? and giving it to someone else. This deed doesn't promise the property is free from other claims; it just passes on whatever the current owner (the grantor) has to the new owner (the grantee).
Once your lawyer prepares the new deed, the grantor (the current owner or the party transferring an interest in the property) simply signs the new Deed in the presence of two witnesses and has their signature notarized.
Once the quitclaim deed is recorded, it becomes part of the public record. You may also be required to pay a filing fee or costs associated with properties that have an outstanding mortgage. If there is money being exchanged for the deed, documentary stamp taxes will also have to be paid.
Deed signed by mistake (grantor did not know what was signed) Deed executed under falsified power of attorney. Deed executed under expired power of attorney (death, disability, or insanity of principal) Deed apparently valid, but actually delivered after death of grantor or grantee, or without consent of grantor.
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.
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.