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Its customary for the seller of the property to pay for this tax in Florida. Typically, the real estate agent obtains a check for the amount from the seller before the deed is recorded. However, depending on terms of the sales contract, the buyer might cover the tax.
Quitclaim deeds lack certain protections and promises found in other types of deed to real property. Because of this, they should only be used under certain circumstances. These include transferring real estate between close family members, for instance, from a parent to a child.
Florida Quitclaim Deeds Should be Properly Filed To ensure the transfer of a quitclaim deed, the original document should be recorded with the county recorder for the county where the relevant property is located. Until the deed is recorded, it is not valid against third-party interests.
However, a person may sign a deed both as a witness and also as a notary, in which case, the person will count as one of the two required subscribing witnesses. In order for a person to sign as both a witness and a notary, the person will have to actually see the seller sign the deed so that they can sign as a witness.
In Florida, Statute 689.01 requires two witnesses for a Deed of Trust, Grant Deed, Warranty Deed, and Quit Claim Deed. Witnesses are important in order to prevent fraud, which can be common when dealing with the transfer of property.
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No guarantees to the new owner: Unlike a warranty deed, a quitclaim deed does not guarantee that a property is free from title defects such as tax liens or title claims from third parties. For this reason, it is a poor legal instrument to use when selling a piece of property for cash considerations.
A quit claim deed transfers the legal ownership of the property from one party to another, and doesnt require attorneys or legal help, unless you choose to consult an attorney.
A person can file a quitclaim deed by (1) entering the relevant information on a quitclaim deed form, (2) signing the deed with two witnesses and a notary, and (3) recording the deed at the county comptrollers office. In Florida, quitclaim deeds must have the name and address of both the grantor and the grantee.
Terms in this set (4) In which of the following situations could a quitclaim deed NOT be used? c. The answer is to warrant that a title is valid.
In fact, taxes may be due on a quit claim deed even when the property is transferred between spouses. With such transfers, if the property is mortgaged, then tax is generally due on half of the outstanding balance.

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