Florida Sample Letter for Quitclaim Deed
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How to fill out Sample Letter For Quitclaim Deed?
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FAQ
Having a lawyer on your side who has experience handling quitclaim deeds and property transfers can be very beneficial and help you move through the process more efficiently.
Attorney Involvement An attorney licensed to practice law in Florida must prepare deeds, powers of attorney, and other instruments that are to be recorded. General closing documents that will not be recorded can be prepared by a non-attorney provided they are not contractual in nature.
Ing to Florida Statute 695.26, a quitclaim deed must contain these certain elements: Name and address of person preparing the deed. Grantor's name and address. Grantee's name and address. Signatures of the grantors. Two witnesses for each signature/ Notary acknowledgment with signature.
In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.
A quit claim deed should be filed with the clerk of court in the county where the property is located. This will involve taking the deed to the clerk's office and paying the required filing fee (typically about $10 for a one-page quit claim deed).
Although you can make a quitclaim deed yourself, we suggest hiring a real estate lawyer to ensure your deed is done right and meets the legal and filing requirements for Flordia and the local country recorders office where the property is located.
You do not have to be an attorney to prepare a Florida quit claim deed. Absent attorney fees, your costs would only be the recording fees that the county comptroller charges and transfer fees if the property is mortgaged.
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. However, the state does emphasize the importance of recording the transfer of ownership interest in public records to maintain an accurate chain of title.
As required by our Legal Terms, attorneys must disclose if any AI is used in answering your question. Yes, a Notary Public in the state of Florida can act as one of the witnesses to a deed. The requirement is that two people be witnesses and they must not benefit from the transaction.
