Q: What is the process for transferring property in Florida? Thank you.
I appreciate advice about the transfer of a property. I was told a warranty deed is needed. I think it may be a new deed that is being prepared. How can I tell if it is done correctly? Thank you so much.
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A:
Transfer of property in Florida does not need to occur via Warranty Deed. In order to transfer property in Florida, there are three main types of deeds: i. Warranty Deed, ii. Special Warranty Deed, and iii. Quitclaim Deed.
i. Warranty Deed: Provides the highest level of protection, guaranteeing that the property is free of any claims or liens either from the seller/grantor or prior grantors.
ii. Special Warranty Deed: Guarantees that the property was not encumbered during the grantor's ownership only.
iii. Quitclaim Deed: Transfers the grantor’s interest in the property without any guarantees about the title’s validity.
Consult with an attorney as to which type of deed would be appropriate in your case. The deed must be recorded with the county clerk's office where the property is located. To confirm it’s done correctly, it’s best to consult with a real estate attorney.
Best of luck, and I hope everything goes well.
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