Thursday, July 18, 2013

3 Different types of Deeds to Convey Ownership in Florida

There are normally three types of deeds that are used in the state of Florida to convey title. The 3 different types of deeds are: Statutory warranty deed, Special Warranty deed and Quit Claim deed.

Statutory Warranty Deed
A statutory warranty deed is also known as  general warranty deed. It fully warrants title to the property being conveyed against any and all claims. It offers the broadest warranty of any of the deeds. It is called a statutory warranty deed because a form for it is set out in the Florida Statutes. Statutory warranty deeds are used in most residential real estate transactions in Florida
 
Special warranty deed
A special warranty deed gives only a limited warranty of title. It warrants the title but only against claims of people who are claiming by, through, or under the grantor in the deed. There is no statutory form for a special warranty deed in Florida. Special warranty deeds are frequently used in commercial real estate transactions and in deeds from developers of condominiums or subdivisions.
 
 
Quit claim deeds
A quit claim deed gives no warranties. While it conveys whatever title the grantor may have, in executing a quit claim deed, the grantor is not representing that he owns the property or that he has the right to convey. Quit claim deeds may not be used a root of title under the Florida Marketable Record Title Act. Quit claim deeds are frequently used to help clear title problems or clouds on the title to property. There is no statutory form for a quit claim deed in Florida.
For legal advice please contact an attorney.
 
For any additional questions, please call or email.
Ainsley Daux
Florida Realty
(813)546-1954
 
 
 
 

1 comment:

  1. Hi Ainsley, this is a nice primer about real estate deeds in Florida. If you ever have any questions or would like a good place to refer your sphere to for more information take a look at deeds.com (we also have a resource section there, please add your info, we can always use more agents in Hillsborough county!)

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