What Is Needed to File a Quitclaim Deed in Florida?
Quitclaim deeds transfer the interest in a property from grantor to the grantee, with no guaranty of a free and clear title. Quitclaim deeds are considered legal documents. They must be filed on record in order to be deemed valid for future use. Each state has specific recording requirements and processes. In Florida, a quitclaim deed should be filed with the County Clerk/Recorder.
Preparation
Quitclaim deeds are generally prepared by an attorney. Online services are also available to prepare standard quitclaim deeds to meet state criteria. Florida requires a three inch margin, or square, in the upper right hand corner of the document. This area will be used to stamp the recording information without covering any text in the document. Additionally, the quitclaim deed must state the name of the individual who prepared the document and a return-to address. This address is where the original recorded deed will be sent after it is filed.
Document
Within the body of the quitclaim deed, the names of the parties involved must be included. After each name, the person's address must be listed even if it is the same address of the property being conveyed. Additionally, a legal description of the property must be included with the document. This description can be contained within the context of the deed or referenced as an attachment and included on an individual page.
Signatures
Most quitclaim deeds require only the signature of the grantor to complete the transfer of interest. This is true in the state of Florida as well. Florida requires that the deed is also signed and sealed by a certified notary public. Additionally, most counties in Florida require that two additional witnesses sign the deed. Each signature on the deed must have the name of the person printed legibly beneath the signature.
Fees
Florida imposes a transfer tax on deeds to be recorded. The tax is based off the consideration listed on the deed. The rate is 70 cents per $100 dollars of the consideration. So, if a deed listed a consideration amount of $100,000, the transfer tax would equal $700. Most quitclaim deeds contain a nominal value, such as $1 or $10. This is because quitclaim deeds do not generally serve to actually sell a home or property. Transfer taxes on a quitclaim deed are typically small if anything is charged. Additionally, there will be a fee charged to record the deed. This fee varies county by county. Generally, it costs to record each page of the document.
Recording Process
The quitclaim deed can be sent into the recorder's office by mail or taken into the office in person. At this time, the recorder will review the deed for accuracy and determine whether it can be recorded. If the deed meets all the requirements, it will be filed on record. If it does not, it will be rejected and not recorded. Corrections will need to be made to the deed before it can be resubmitted.
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