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In Florida, a quitclaim deed is a legal document that transfers ownership from one person to the next in an expeditious manner without a guarantee or warranty on the property. Unlike a warranty deed that guarantees that the title of a property is free and clear of encumbrances and that the seller is the legal owner, a quitclaim deed only guarantees that the seller is transferring his or her ownership interest on the property and is abandoning their legal right to return at a later date and claiming an interest. If you want to transfer Florida real estate in a manner that protects the new buyer, you should look at other types of deeds such as a general warranty deed or a special warranty deed.
A quitclaim deed is often used in property transfers between family members, to transfer property to a living trust, or after divorce settlements; however, it can be used in any situation. Regardless of the transaction, a title search of public records should always be conducted before finalizing a transaction.
State of Florida Applicable Laws - Florida Statutes § 695.01(2)
Appraiser’s Parcel ID Number - The parcel identification number of the Property Appraiser must be included on the quitclaim deed. Every appraiser is given a parcel ID number by the city or county, and this number (or a blank space for the number to be filled in) must be included.
Signing - The Grantor of the property (the person transferring their real property) must have their quitclaim deed witnessed by two (2) separate witnesses in the presence of a Notary Public before having the document notarized and filed with the County Recording Office.
Recording - Once the document is completed correctly, signed, and notarized, it must be filed with the appropriate County Recording Office. Be sure to check the requirements with your respective county, as some counties require that a self-addressed stamped envelope be included with the proper filing fees.
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To write a Florida quitclaim deed form, you will need to provide the following information:
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To file a quitclaim deed, you need to sign it in front of two witnesses and a notary public. You must then take the notarized deed to the County Recording Office in the county where the property is located. Each individual county has its own filing requirements. Check your county's filing requirements before filing.
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