Quit claim deeds are simple and fast, but they may not offer the grantee full protection.
Quit claim deeds often are mistakenly called quick claim deeds. A quit claim deed is one type of deed among many, other common types being general and special warranty deeds. A Florida quit claim deed is quick and simple, and transfers a grantor's (owner's) interest in a property to a recipient, or grantee. It doesn't guarantee that a property belongs to the grantor outright---other people may have an interest in the property. If other interested parties haven't signed the deed, they still legally retain ownership and rights. Make sure all parties sign the deed before filing.
Instructions
1. Obtain a blank Florida quit claim deed from the clerk in the county where the property involved is located. Quit claims are simple forms, but some Florida counties require that you use their specific forms. Some counties, such as Leon County, provide online versions of their deeds (see References). There also are generic quit claim deeds available online, but check with your county to see if these versions are acceptable. Some counties require different forms for different quit claim deed transactions, such as from one individual to a spouse.
2. Fill in the date and the names of the grantor and grantee(s). Again, forms will vary among Florida counties, but most will be similar regarding required information. You'll need to include the counties and, depending on the form, the state (Florida) where the grantor and grantee reside. Include the words single man or single woman after the names if the principles are unmarried.
3. Describe the property, making sure to include the county name in the introductory paragraph. Write the exact legal name of the property in the Legal Description section. A legal description of the property can be found in a previous deed or mortgage, in the county records office or within a title insurance policy or paperwork. Enter the physical street address or route number and the property identification or lot number. Some counties, especially rural areas in Florida, may require the deed to include meets-and-bounds descriptions of the boundaries, which identify where the property lines are in relation to landmarks.
4. Include the amount of payment, if money was involved in the transaction, on the form for tax purposes.
5. Sign the deed. Florida law requires both the grantor and grantee to sign the deed in the presence of two witnesses and in front of a notary public. Two people can serve as witnesses for each or all the parties involved, but grantors and grantees cannot serve as witnesses. Write the names of the witnesses in the space provided. They do not have to sign. If you sign the document at the county clerk's office, an agent or official there probably is a notary public. Otherwise, you'll have to find a notary and sign in front of her. Have photo identification available.
6. Make a copy of the deed and record the original with the county. You have to fill out Form DR-219 to record the deed. Pay a recording fee, a stamp tax (if necessary) and any notary fees.
Tips Warnings
Some online sites charge fees for their deed forms. Check with your county to make sure specialized forms are needed or if you can download free generic forms.
Wrong information on the deed can cause problems. If the legal description is wrong, for example, the grantee may think he's building a fence on his property when, in fact, he's building on a neighbor's land.
Tags: fill, quit, claim, deed, florida, quit claim, claim deeds, quit claim deed, claim deed, grantor grantee, Some counties, counties require
