A quitclaim deed allows for the quick and easy transfer of ownership interest of real property or land. While recording the quitclaim deed makes the transfer official in the public record, it does not require recordation in order for it to be valid. However, Florida statute does require notice of the transfer of ownership interest to be recorded in the public record to maintain a proper chain of title, otherwise you run the risk of forfeiting your rights and interests in the real property.
Quitclaim deeds do not require and generally do not involve exchange of money. Unlike a warranty deed, it offers no guarantee that the grantor owns the property outright or that she has the legal right to transfer ownership at all. That means that a quitclaim deed affords the grantee (buyer) very little legal protection. This is why quitclaim deeds are typically used for low-risk, simple transactions such as the transfer of property interests into a trust, inter-family ownership transfers, or to make a gift of property.
Though your quitclaim may be a valid legal document once executed and notarized, as a grantee it is in your best interest to file the deed with the appropriate recording office in your county sooner than later. Recording the quitclaim deed gives notice to the world that you are now the new owner and protects your ownership interests in the property from possible fraud. For more on Florida conveyance and recording rules, consult with an experienced Real Estate Attorney to review the facts of your case and ensure your interests are protected.
Stephen K. Hachey, a Florida real estate attorney can help your wade through this process and determine a positive solution. Contact him at 813-549-0096.
The opinions in this post are solely those of the author. The author takes full responsibility for the content. Like all blog posts, this is offered for general information purposes and does not constitute legal advice.