Florida Quitclaim Deed FAQs

A quitclaim deed is a legal document used to transfer ownership of property without providing any warranties or guarantees about the property’s title.

For a quitclaim deed to be valid in Florida, it must include the legal names and addresses of the grantor (transferor) and grantee (transferee), a legal description of the property, signatures of the grantor and two witnesses, and notarization of these signature. As of January 1, 2024, the quitclaim deed must also include the post office address of each witness too. The Florida quitclaim deed must be also delivered to and accepted by the grantee.

A Florida Quitclaim deed has many advantages:
1. Simplicity and Speed: They are simple to prepare and execute, which can facilitate a quicker transfer of property compared to other types of deeds.
2. Cost-Effective: Generally, they involve fewer costs, as they do not require extensive title searches or title insurance.
3. Efficient for Transferring Property Among Family Members: They are often used for transferring property between family members, such as adding or removing a spouse’s name from the title, or transferring property to a trust or an heir.
4. Clearing Title Issues: Quitclaim deeds can be used to clear up a cloud on the title, such as a questionable claim or potential claim against the property.
5. Flexibility in Real Estate Planning: They provide a flexible tool in estate planning and in adjusting ownership stakes among co-owners.

The use of a quitclaim deed in Florida can come with several disadvantages:
1. No Warranties of Title: The most significant disadvantage is that the grantor does not warrant or guarantee that they have a good or clear title to the property. This means the grantee receives no assurance about the quality of the title they are acquiring.
2. Potential for Fraud: Since quitclaim deeds are simple and require minimal information, they can be more susceptible to fraudulent activities compared to other types of deeds.
3. Unknown Liens and Encumbrances: The grantee may unknowingly inherit any liens, debts, or other encumbrances on the property, as these are not addressed in a quitclaim deed.
4. Lack of Protection for the Grantee: The grantee has little to no legal recourse against the grantor if problems with the title surface after the transfer.
5. Mortgage Issues: If the property has a mortgage, the original mortgagor remains liable for the mortgage even after the transfer. Also, if a mortgage contains a due-on-sale clause, transferring the property via a quitclaim deed can trigger the clause, requiring full repayment of the mortgage.
6. Not Ideal for Real Estate Sales: Quitclaim deeds are not typically used in traditional real estate sales, especially where the buyer and seller do not know each other, due to the lack of protection for the buyer.
7. Implications for Title Insurance: Obtaining title insurance on a property transferred by a quitclaim deed can be more challenging, as title companies may view such transfers as riskier.
8. Effect on Homestead Exemption: In Florida, transferring property via a quitclaim deed can affect the grantee’s ability to claim a homestead exemption if the property is their primary residence.

Due to these potential drawbacks, it’s crucial for individuals considering a quitclaim deed in Florida to consult with a legal professional to understand the specific implications and risks in their situation.

In Florida, as in most jurisdictions, a quitclaim deed is generally considered irrevocable once it has been properly executed and delivered. If the grantee has accepted the deed and it has been recorded with the appropriate county, the grantor cannot revoke the deed. The transfer of property rights is considered complete. The only way to reverse a quitclaim deed after it has been accepted is voluntarily, through the cooperation of both parties. For instance, if the grantee agrees, they can execute a new quitclaim deed transferring the property back to the original grantor. In some cases, a quitclaim deed can be challenged and potentially invalidated. Grounds for such challenges could include fraud, duress, undue influence, or mistakes. However, these challenges can be legally complex and require a court’s intervention.

It offers no guarantee about the property or the ownership of the property. The grantee receives only what the grantor owned at the time of transfer.

Contact the Law Offices of Stephen K. Hachey (pronounced Hat-chee) to complete and submit a brief on-online questionnaire with payment of $395. The Law Offices of Stephen K. Hachey will draft a new deed for your execution, record the executed deed at the county recorder’s office, and confirm recording.

In Florida, quitclaim deeds are commonly used in the context of a divorce for a variety of reasons:
1. Transferring Property Ownership: If a married couple owns property together and decides to divorce, a quitclaim deed can be used to transfer the ownership of the property from one spouse to the other. This is often done as part of the Marital Settlement Agreement (MSA).
2. Simplifying the Process: Quitclaim deeds are relatively simple and efficient to execute, making them a practical tool in the often complex and emotionally taxing process of divorce.
3. No Guarantees on Title: A quitclaim deed transfers whatever interest the grantor has in the property without any guarantees or warranties. In the case of divorce, since the spouses are likely aware of any potential issues with the property, the lack of warranties is generally less of a concern compared to transactions between strangers.
4. Mortgage Considerations: It’s important to note that while a quitclaim deed can transfer ownership of the property, it does not affect the mortgage on the property. If both spouses are on the mortgage, the spouse who keeps the property will usually need to refinance the mortgage in their name only.
5. Avoiding Future Legal Entanglements: By using a quitclaim deed, divorcing couples can ensure that the spouse who is not keeping the property will not have legal claims or responsibilities related to the property in the future.
6. Legal and Financial Advice*: Given the complexities of property rights, mortgages, and potential tax consequences, it’s crucial for individuals going through a divorce to seek legal and financial advice to understand the implications of using a quitclaim deed.

In summary, quitclaim deeds can be a useful tool in a divorce in Florida for transferring property between spouses. However, due to the potential complexities, particularly relating to mortgages and taxes, professional advice is strongly recommended.

Yes, you can transfer real estate in Florida with a quitclaim deed even if the property has a mortgage, but there are several important considerations and potential complications to be aware of:
1. Mortgage Remains in Place: The quitclaim deed transfers only the ownership (title) of the property, not the responsibility for the mortgage. The original borrower remains liable for the mortgage unless the loan is refinanced or otherwise modified by the lender.
2. Due-on-Sale Clause: Many mortgages have a “due-on-sale” clause. This clause states that the full balance of the mortgage may become due if the property is transferred. Transferring property with a quitclaim deed could potentially trigger this clause, requiring the mortgage to be paid in full.
3. Lender’s Permission: In some cases, it might be possible to transfer the mortgage along with the property, but this typically requires the lender’s approval. The new owner would need to qualify for the mortgage under the lender’s criteria.
4. Risk for the Grantee: The person receiving the property (grantee) takes the property subject to the existing mortgage. If the original borrower stops making payments, the lender can foreclose on the property, even though the grantee is not personally liable for the debt.
5. Title Insurance: Since a quitclaim deed offers no warranties about the title, obtaining title insurance for the grantee can be challenging and more expensive.
7. Refinancing Option: If the grantee wants to take over the mortgage, one common solution is to refinance the property in their own name. This process pays off the original mortgage and creates a new mortgage for which the grantee is responsible.

In summary, while it is legally possible to transfer property with a quitclaim deed in Florida even if there is an existing mortgage, doing so requires careful consideration of the mortgage terms, potential legal and financial risks, and consultation with professionals. The original mortgage obligations remain in place unless specifically renegotiated or refinanced.

If a quitclaim deed is not recorded in Florida, several issues and risks can arise:
1. Lack of Public Record: Without recording, the deed is not part of the public record. This means that subsequent purchasers and creditors may have no knowledge of the transfer. The property might appear to still belong to the grantor.
2. Protection Against Subsequent Transfers: Recording a deed provides protection against subsequent transfers. In Florida, if a grantor executes a quitclaim deed to one party but fails to record it, and later executes another deed for the same property to a different party who records it, the latter party may have superior rights to the property, assuming they are a bona fide purchaser for value without notice of the prior deed.
3. Priority Issues: The priority of interests in real property in Florida is generally determined by the order of recording. A non-recorded deed is vulnerable to being superseded by later recorded interests.
4. Estate and Probate Complications: If the grantor dies before the deed is recorded, it can lead to complications in estate and probate proceedings, potentially leading to legal disputes among heirs or between heirs and the intended grantee.
5. Difficulty in Establishing Ownership: The grantee may have difficulty proving ownership of the property for purposes such as property tax exemptions, mortgage refinancing, or selling the property.
6. Potential for Fraud: Non-recording of the deed increases the risk of fraud, as the grantor could potentially sell or mortgage the property to another party without the knowledge of the original grantee.
7. Title Insurance Issues: Obtaining title insurance might be more challenging for a property with a non-recorded quitclaim deed, as title companies rely on public records to assess the chain of title.
8. Legal Validity: It’s important to note that a quitclaim deed is legally valid between the parties involved even if it’s not recorded. The failure to record does not invalidate the deed itself, but it does affect the rights and protections associated with the deed.

To mitigate these risks, it is generally recommended to record a quitclaim deed with the appropriate county recorder’s office in Florida as soon as possible after execution. Recording fees are typically modest compared to the potential legal complications of not recording the deed.

In Florida, the recording fees and taxes for a quitclaim deed can vary depending on the county where the property is located, but there are general guidelines that apply statewide:
1. Recording Fees: The basic recording fee for a quitclaim deed in Florida is typically calculated per page. The fee is generally around $10 for the first page and $8.50 for each additional page. However, these fees can vary slightly by county, so it’s important to check the specific fees with the local county recorder’s office where the property is located.
2. Documentary Stamp Taxes: Florida imposes documentary stamp taxes on the transfer of real property. The tax rate is generally $0.70 per $100 of the consideration paid for the property. For example, if a property is transferred for $100,000, the documentary stamp tax would be $700. However, in Miami-Dade County, the rate is different—it’s $0.60 per $100 of the consideration, plus a surcharge.
3. Consideration and Taxes: If the quitclaim deed is part of a transaction with no monetary consideration (like transferring property to a family member), the documentary stamp tax may not apply, or may be minimal. However, if there is outstanding debt or mortgage assumed by the grantee, the amount of that debt is typically considered as consideration for tax purposes.
4. Exemptions: Certain types of transfers may be exempt from documentary stamp taxes. It’s important to consult with a legal or tax professional to determine if any exemptions apply to your specific situation.
5. Legal or Professional Advice: Given the complexities and variations in local regulations, it’s advisable to seek legal or professional advice to ensure compliance with all recording and tax requirements for a quitclaim deed in Florida.

For the most accurate and up-to-date information, contacting the local county recorder’s office or a legal professional in the specific county where the property is located is recommended. They can provide detailed information on the current fees and any additional requirements that may apply.

The time it takes to record a quitclaim deed in Florida can vary depending on several factors, including the specific county where the property is located, the method of submission, and the current workload of the county recorder’s office. Here are some general guidelines:
1. Same-Day or Within a Few Days: If the quitclaim deed is submitted in person to the county recorder’s office, it may be possible to have it recorded the same day or within a few days. This is often the fastest method.
2. Mail or Electronic Filing: If the deed is submitted by mail or electronically (where available), the process can take longer. It might be a few days to a few weeks depending on the efficiency of the office and the mail service.
3. Backlogs and Delays: Sometimes, there may be backlogs at the recorder’s office, which can delay the recording process. This is more likely to occur during peak times or due to staffing shortages.
4. County-Specific Variations: Each county in Florida may have its own procedures and timelines for recording documents. Larger counties might have more staff and resources to process recordings more quickly, while smaller counties might take longer.
5. Confirmation of Recording: Once recorded, the recorder’s office typically returns a copy of the recorded deed to the submitter. This can be used as confirmation of recording.
6. Checking Status: Many counties offer online systems or telephone services to check the status of document recording.
7. Importance of Timely Recording: It’s important to record the deed promptly after execution to ensure legal protection and to establish the transfer in public records.

For the most accurate estimate of the recording time for a quitclaim deed in Florida, it’s best to contact the specific county recorder’s office where the property is located. They can provide information on current processing times and any specific requirements or procedures that may affect the timeline.