Broward Florida Warranty Deed from Individual to a Trust

State:
Florida
County:
Broward
Control #:
FL-015-77
Format:
Word; 
Rich Text
Instant download

Description

This form is a Warranty Deed where the grantor is an individual and the grantee is a trust. Grantor conveys and warrant the described property to trustee of trust less and except all oil, gas and minerals, on and under the property owned by Grantor, if any, which are reserved by Grantor. This deed complies with all state statutory laws.

A Broward Florida Warranty Deed from Individual to a Trust is a legal document used to transfer ownership of real estate property located in Broward County, Florida, from an individual to a trust entity. This type of deed provides a guarantee to the grantee (the trust) that the granter (the individual) holds a clear and marketable title to the property, free from any encumbrances, except those disclosed in the deed. The Broward Florida Warranty Deed from Individual to a Trust is typically used when an individual, also known as the granter or trust or, wishes to transfer real estate ownership to a trust for various purposes like estate planning, asset protection, or management efficiency. By transferring the property to a trust, the granter can ensure the property's seamless transfer upon their death while retaining control and benefiting from potential tax advantages. Different types of Broward Florida Warranty Deeds from Individual to a Trust may include: 1. General Warranty Deed: This type of deed provides the highest level of protection for the grantee as it includes covenants that guarantee the granter's title to the property against any claims or defects, both past and future. 2. Special Warranty Deed: Unlike a general warranty deed, a special warranty deed only guarantees that the granter has not encountered any title issues or encumbrances during their ownership of the property. It does not cover any defects or claims that may have existed before the granter's ownership. 3. Quitclaim Deed: A quitclaim deed is a simple form of transferring property ownership without any warranties or guarantees of the title's validity. It essentially states that the granter is releasing any ownership interest they may have in the property, if any, to the trust without any warranties or representations. When preparing a Broward Florida Warranty Deed from Individual to a Trust, it is crucial to consult with a qualified legal professional familiar with Florida real estate laws to ensure compliance and accuracy in the drafting of the document. Additionally, all parties involved should carefully review the deed before signing to understand the rights and obligations associated with the transfer of property ownership.

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FAQ

In Alabama, Arizona, Arkansas, Illinois, Kentucky, Maryland, Michigan, Montana and South Dakota, the lender has the choice of either a mortgage or deed of trust. In any other state, you must have a mortgage.

The Florida Land Trust Act allows a revocable trust to own real property. The trust, then, is owned by its beneficiaries. In fact, the beneficiary or beneficiaries have full control of the property and may even add additional property to the trust. There's no firm deadline for when the trust ends.

A person filing a deed for transfer of Florida real estate ownership must do so through the county comptroller's office where the property is located. There is a small fee for filing and a document stamp tax, which is an excise tax on legal documents delivered, executed or recorded in the state.

Florida is a ?mortgage-only? state. Florida does not recognize deeds of trust in its state law.

A deed of trust is a legal agreement that's similar to a mortgage, which is used in real estate transactions. Whereas a mortgage only involves the lender and a borrower, a deed of trust adds a neutral third party that holds rights to the real estate until the loan is paid or the borrower defaults.

While the state of Florida does not require deeds of trust, the option can still be used when the goal is to provide additional protection for the finance company.

The deed must be in writing; The deed must be signed by the transferor (the current owner) of the property or his or her duly authorized agent or representative; The deed must be signed in the presence of two witnesses, each of whom must also sign the deed.

To transfer real property into your Trust, a new deed reflecting the name of the Trust must be executed, notarized and recorded with the County Recorder in the County where the property is located. Care must be taken that the exact legal description in the existing deed appears on the new deed.

Since an agreement for deed is an agreement that the seller makes to the buyer to transfer the property once a specified amount of money has been received, it is considered a mortgage under Florida Law.

70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. This tax is based on the sale, consideration or transfer amount and is usually paid to the Clerk of Court when the document is recorded.

More info

Real estate agents and lenders may refer you to a title insurance company in Broward County or other South Florida counties for many reasons. Step 9 – Fill in the year of transfer.Step 10 – Sign in front of two witnesses and a notary public. Prepare the transfer deed based on the needs of the parties (i.e. At your death, your successor trustee will be able to transfer it to the trust beneficiaries without probate court proceedings. If you're looking to remove your name, you must fill out the quitclaim form, using the same name found on the title deed. Unlike with a warranty deed. ‍. How Are Judgments and Liens Handled with Lady Bird Deeds in Florida. Fees for Florida real estate transfers are based upon the following legal fees plus costs: 1. A special warranty deed warrants the property solely during the time the grantor owned it.

This allows a party to claim what it would've paid in any divorce, and the person claiming it may recover the costs associated with the original transfer. 2. A general warranty deed applies to property or a personal right, and is designed to protect a property against an individual or group's liability through a written contract, for a reasonable period of time, without an actual event of a breach of such contract. 3. The “general warranty deed.” In Florida, a “general warranty deed” is created by two deeds. They are identical except for where a title deed is also created. The general warranty deed must create a separate title, so the property cannot be used for any purpose other than for its stated use. (In other words, it requires that there is no use for the property as of right through the time the deed was created.) The “general warranty deed” is the name of the deed. (It must not include your name.

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Broward Florida Warranty Deed from Individual to a Trust