Miami, FL asked in Real Estate Law and Foreclosure for Florida

Q: Could I still register a quitclaim deed in my favor written in 2013 and stop the property sale by Partition Lawsuit?

My brother and I have in Miami, a common property where I have always lived. In 2013 my brother transferred the property to me. In 2020, my brother learned that the value of the property had increased significantly and that I had lost the quit claim deed without having registered it. So, he sued me in a lawsuit partition. Now, that I am packing my belongings to move I have just found the instrument he gave me in 2013. The property is already on offer for closing.

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1 Lawyer Answer
Jane Kim
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  • Naples, FL
  • Licensed in Florida

A: Your deed is valid as between your brother and you. However, it is void as to other third parties because it was not recorded, and they do not have notice of it. However, you may still be able to record it to put them on notice prior to closing. Obviously, you should consult an attorney to deal with it.

Good luck.

Barbara Billiot Stage and Anthony M. Avery agree with this answer

1 user found this answer helpful

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