Few of the many documents involved in a real estate transaction are as important as the deed. This is the definitive and controlling document that reflects the ownership interest in Florida property. Transferring title via a deed from a seller to a buyer, between an owner and their company, or amongst family members is the centerpiece of any real estate acquisition, sale, or other transfer of interest.
As part of our comprehensive suite of Florida real estate representation, the attorneys at Farshchian Law, P.A. facilitate smooth deed transfers that address potential issues and satisfy all drafting and recording requirements under Florida law.
Because several distinct types of deeds are used to convey Florida real estate, it is crucial to work with an experienced attorney who can prepare the deed best suited to your transaction. Whether you are a seller or buyer, or are seeking to transfer title to a family member or your company, we can help select the right type of deed to protect your interests and secure your rights. Our seasoned real estate attorneys have substantial experience with all Florida deed transfers, including those involving the following
- General Warranty Deeds: Typically used in the purchase and sale of residential and commercial real estate, a general warranty deed includes affirmations by the seller that they are the current owner, they have the right to transfer the property, there are no undisclosed encumbrances or liens, and there is no title defect that will interfere with the buyer’s use of the property.
- Special Warranty Deeds: This type of deed contains narrower versions of the covenants in a general warranty deed. The seller’s representations only cover the time they held title to the property, not before.
- Quit Claim Deeds: A Quit Claim Deed contains no warranties or assurances of clear title. Instead, a Quit Claim Deed simply allows someone to transfer or “quit” any claim or interest they may have in the property to another individual or company.
- Regular Life Estate Deeds: This deed allows the owner to automatically transfer their property to one or more persons (called “remaindermen”) upon their death. It creates what is known as a “life estate,” in which the owner continues to possess and use the property as a “life tenant” for the remainder of their lives. This type of deed can help avoid probate, assist with Medicaid planning, and keep the Florida homestead exemption.
- Enhanced Life Estate Deeds: Similar to Regular Life Estate Deeds, Enhanced Life Estate Deeds offer additional advantages that regular deeds do not. Also called “Lady Bird” Deeds, these deeds allow the owner to sell, lease or mortgage their property without needing the approval or consent of the remaindermen (i.e., the future interest holder). Enhanced Life Estate Deeds also maintain the Florida homestead tax exemption and avoid probate, among other benefits.
Farshchian Law, P.A.: Florida Deed And Title Transfer Attorneys
If you have questions about taking or transferring title to Florida real property, or need assistance with the preparation of a Florida deed to facilitate a title transfer, we welcome the opportunity to assist you. Please call us at (305) 901-5628 or (239) 935-8599 or email us at Info@JFRealEstateLaw.com to learn more about how we can help you achieve your Florida real estate objectives.