Jeffords , So. Smith , So. Delivery has been called the life of a deed. Mattox , So. Must a deed be recorded to be valid in Florida? See Fla. Lawrence Akinhanmi April 8, Lawrence Akinhanmi April 16, However, expect a larger fee if there is a mortgage on the property. The original will be returned to you. In Florida, the requirements for a quit claim deed are outlined by section Several non-attorney form generator websites offer quit claim deed forms for purchase after entering in some basic information.
These online services are cheaper than hiring an attorney. An online form generator site could be a good idea if you know exactly how a quit claim deed works and have no questions that you need answered. However, some people find that the additional cost of having an attorney prepare a quit claim deed is worth it for the peace of mind that the deed is prepared properly and so that there is an opportunity to ask the attorney any questions about the deed.
Often as part of a divorce judgment or marital settlement agreement, one ex-spouse must transfer or quitclaim their marital property to the other ex-spouse. This transferring of property is frequently done via a quitclaim deed. The quitclaim deed transfers all interests that one spouse has in the property to the other spouse.
In doing so, the transferring spouse complies with the terms of the divorce judgment. Regardless of which spouse prepares the deed, the deed must be signed by the transferring spouse. The receiving spouse does not need to sign it. 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. In many cases, however, the lender is unlikely to 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. You cannot make a quitclaim deed effective after your death. Once you fully execute a quitclaim deed, the intended effect is immediate although it still needs to be recorded. However, a lady bird deed can often achieve the same goal. You do not have to be an attorney to prepare a Florida quit claim deed.
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