A quit claim deed in Florida is a legal document that transfers whatever title that a grantor has in real property to a grantee. If the grantor has good and valid legal title, free and clear of all encumbrances, then the Florida quitclaim deed will transfer it. However, if the grantor does not have good title to the property, then the quitclaim deed may be ineffective.
The general rule of thumb is that you cannot transfer more than you have. In other words, if one attempts to transfer full legal title to a piece of property when they themselves do not actually have good legal title, then the deed will be ineffective.
Quitclaim deeds in Florida are most often used to transfer property to one’s family, LLC, or trust. For the sale of real estate, a warranty deed is more common.
Difference Between a Florida Quitclaim Deed and a Warranty Deed
Both a Florida quitclaim deed and a warranty deed transfers an ownership interest in property to someone else. However, unlike a warranty deed, a quitclaim deed does not provide any guarantees, or warranty, that the grantor actually has good, valid title to the property.
Because of the lack of guarantee, a quit claim deed in Florida is typically used to transfer real property to a family member or one’s own LLC. Transfer of real estate between unrelated people should almost never be done via quitclaim deed.
Unlike a quit claim deed, a warranty deed carries with it five covenants of title:
- Covenant of seisin (seller warrants that they are the sole owner of the property)
- Covenant of the right to convey (seller warrants that he has the legal right to convey the property)
- Covenant against encumbrances (seller warrants that there are no undisclosed restrictions or encumbrances against the property, such as liens, judgments, or other limitations)
- Covenant of quiet enjoyment (seller warrants that the buyer will not be affected by a defect in title)
- Covenant of general warranty (seller warrants that the seller will protect buyer from any harm caused by title defects)
The warranty deed comes with much more inherit protection than the quit claim deed in Florida.
How to File a Quitclaim Deed in Florida
To file, or record, a quitclaim deed, you first have to enter the appropriate details in a quitclaim deed form. In Florida, quitclaim deeds should have the name and address of both the grantor (person giving the property) and grantee (person receiving the property). There should also be a designation if the property is the homestead of the grantor.
Make sure to include spousal signatures if appropriate, even if the spouse of the grantor does not own the property.
Then, you need to take the quitclaim deed to the county comptroller’s office for the county where the property is located.
The comptroller’s office will charge you a small fee for the recording. However, expect a larger fee if there is a mortgage on the property.
When you record the quitclaim deed in Florida, the office will enter a copy of the deed into the official records of the county. The original will be returned to you.
Rules and Requirements for a Florida Quit Claim Deed
In Florida, quit claim deed requirements are outlined by section 695.26 of Florida law as follows:
- Name and address of the person who prepared the deed.
- Name and address of the grantor (person transferring the property)
- Name and address of the grantee (person receiving the property)
- Signature of the grantor (but not the grantee!)
- Signatures of two witnesses
- Signature of a notary
Can you Transfer Property with a Quitclaim Deed if You Have a Mortgage?
You can always use a quitclaim deed in Florida, even if you have a mortgage. However, the mortgage and the loan do not transfer with the quitclaim deed.
In other words, the grantor will still owe the lender on the mortgage even after transferring the property. What’s worse is that the lender could call the entire loan due if they discovery that the grantor has transferred the property without first paying off the mortgage.
In many cases, however, the lender is unlikely the call the loan due or discover that the property has been transferred if the grantee still makes payments on the mortgage and if there is no escrow account.
A grantee can always refinance the debt or get their own loan to pay off the original mortgage debt.
Can You Make a Quit Claim Deed in Florida After Death?
You cannot make a quitclaim deed effective after your death. Once you fully execute a quitclaim deed, the intended effect is immediate (although still needs to be recorded).
However, a lady bird deed can often achieve the same goal. With a lady bird deed, the grantor keeps the property for their own life, with title transferring to a grantee upon the owner’s death.
Cost of a Quitclaim Deed in Florida
You do not have to be an attorney to prepare a Florida quit claim deed. Without an attorney, your costs for the deed would only be the recording fees that the county comptroller charges.
If you have any concern about what you need to include in a quit claim deed to make it valid, then you could hire an attorney to draft the deed for you. A typical fee will be $200 to $300 for preparation of the deed by an experienced attorney.
Last updated on May 8, 2021