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Special Warranty Deed Individual to Trust - Florida 2025

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The document is a Florida Special Warranty Deed form intended for the transfer of property from an individual to a trust. It includes instructions for completing the form, a disclaimer regarding its legal use, and sections for the grantor and grantee details, property description, and witness signatures. The deed guarantees that the grantor has the authority to convey the property and warrants the title against claims.

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Is a special warranty deed proof of ownership?

In reality, a warranty deed does not directly prove ownership but guarantees that the property is free of liens and that the seller has the legal right to sell the property. This guarantee provides a significant level of protection for the buyer, facilitating a smooth and secure transfer of property ownership.

Should I buy a house with a special warranty deed?

Buying a house with a special warranty deed can be a viable option, but its essential to understand the implications and the steps to take to protect your interests. This type of deed provides limited protection, covering only the period when the seller owned the property.

Why would you use a special warranty deed in Florida?

A Florida special warranty deed offers protection to the buyer with a limited guarantee from the seller that the title to the property legally belongs to them and that there are no outstanding liens, mortgages, or other encumbrances against it during the period of time the seller owned the property.

What is the difference between a deed of trust and a special warranty deed?

A warranty deed ensures a buyer that the property is owned by the seller and is able to be sold without any encumbrances. A deed of trust is used in certain states, and represents a buyers guarantee with their lender to repay the property loan as scheduled.

How do I transfer a deed to a trust in Florida?

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.

florida special warranty deed

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Can I sell my house with a special warranty deed?

You can sell as a warranty deed but this means you are warranting clean title and the buyer can come back to you, you should only provide a warranty deed if theres a title company/title insurance being purchased.

What are the disadvantages of a special warranty deed?

The main disadvantages include limited protection for buyers, who may inherit claims or issues from before the sellers ownership. Buyers must investigate the propertys history, which could lead to unexpected costs or unresolved liens.

What is the safest type of deed?

Warranty Deeds are used in most home sales between unrelated parties because they offer the most protection for buyers without established trust. If any title issues arise after a sale, a Warranty Deed ensures that the seller remains responsible. There are two types of Warranty Deeds: special and general.

Special Warranty Deed Individual to Trust - Florida 2025

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Is a special warranty deed proof of ownership?

Should I buy a house with a special warranty deed?

Why would you use a special warranty deed in Florida?

What is the difference between a deed of trust and a special warranty deed?

How do I transfer a deed to a trust in Florida?

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Can I sell my house with a special warranty deed?

What are the disadvantages of a special warranty deed?

What is the safest type of deed?

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