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Quitclaim Deed There are no covenants or warranties by the grantor and this deed offers the lowest amount of protection to the grantee. This type of deed is also frequently used in transfers between family members and related transactions.

To make changes to an existing deed, a new deed must be prepared and recorded. If your spouse dies, and your name is on the deed, you do not have to change it. If you elect to change it, a new deed must be prepared and recorded.

What can be construed as a VOID deed? A forged deed. A deed signed by a person determined to be mentally incapacitated. A deed signed by someone who totally does not understand what they are signing.

The deed was forged; The deed was induced by fraud, misrepresentation, coercion, duress, or undue influence; The deed was not delivered, or not delivered properly, and there was no acceptance by the grantee.

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.

If the mistake in the deed is minor and clearly reflected in the public record, it can be corrected with a simple affidavit. This affidavit stating that the legal description of the property has an error can be drawn up by an attorney, a property surveyor, or the institution that prepared the original deed.

Reformation of Deed To reform or change a deed, the parties to the deed must bring a legal action before a circuit court requesting that the court ?fix? the deed by issuing a judgment or order stating the original intent of the parties, and what needs to be legally changed.

Negative covenants are actions you can't take, while positive covenants are actions you must take. For example, a negative covenant in real estate could prevent you from raising chickens on your property. On the other hand, a positive covenant could require you to mow your lawn.

A way of executing a document that is intended to have legal effect between two or more parties, which involves each party signing their own separate copy of the document and then exchanging their signed copy for the copy that has been signed by the other party.

A counterparts clause allows the parties to a real estate transaction to sign separate copies of an agreement at separate times and in separate locations. Each individual signed copy of the agreement is considered one counterpart.