Legal Deeds in Florida

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Commonly Asked Questions about Legal Deeds in Florida

Can a title company prepare a deed in Florida?

While its technically possible for property owners to draft a quitclaim deed themselves, attempting to do so on behalf of someone else without the necessary qualifications, including title companies and non-lawyer services, can very likely be deemed an unauthorized practice of the law.

Can anyone prepare a quit claim deed in Florida?

You do not have to be an attorney to prepare a Florida quitclaim 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.

Does Florida require an attorney for real estate closings?

Florida law does not require buyers or sellers to obtain a real estate attorney for closing the sale of a home, but that doesnt mean you dont need one. Instead, you should consider a real estate closing lawyer to represent your interests in a home buying transaction and protect your rights.

Who holds the deed to my house in Florida?

In Florida, when real estate is purchased, the original Deed is recorded in the county recorders office for the county in which the property is located. Once the Deed is recorded, it becomes a public record which, in all Florida Counties, is available for inspection via the internet.

What type of deed is most commonly used in Florida?

The general Warranty Deed is the most common type of Deed to transfer residential property in Florida and is most likely the type of Deed that you will find at the closing table of a home purchase or sale. The general Warranty Deed is considered the top tier Deed for ownership of a property.

Do you have to be an attorney to prepare a deed in Florida?

This can be done by an attorney or you can do it yourself. This office cannot prepare the deed for you. You can purchase a deed form from any of the area office supply stores. The deed will need to be signed by the grantor in the presence of a notary and two witnesses.

How to prepare a Florida deed?

If the Document is a Deed Grantor and grantee(s) address(es) pursuant to Chapter 695.26, Florida Statutes. Name and address of the person who prepared the document. Legal description. Consideration or sale price. Two witnesses must witness the signature(s) of the grantor(s).

What is required for a valid deed in Florida?

It is in writing; It has been signed by the party transferring the property (or by that partys agent); It has been signed before two witnesses; and. The two witnesses have signed the deed.