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Deed Attorney in Tampa

Creating Legally Sound Real Estate Documents

To transfer real estate from one party to another, you need a document known as a deed. When the current owner of the property signs the deed, they are voluntarily giving the item to the new owner. While this transaction may seem simple, it’s important you utilize the guidance of a Florida deed attorney to read through the document and ensure its validity.

Contact Devolder Law Firm at (813) 773-8233 for detailed information on how we can help with your deed transfer.

What are Florida's Deed Requirements

For a deed to successfully transfer property from one person to another, it must be legally valid and meet the Florida recording requirements.

The validity requirements are:

  • The document must be in writing
  • The document must be signed by the current owner or by their authorized representative
  • The document must be signed in the presence of at least 2 witnesses
  • The document must be signed by at least 2 witnesses

Recording requirements are a separate set of stipulations that must be honored before a deed transfer can be completed by the participating parties.

The recording requirements are:

  • The document must include a section that states the name and address of the person who prepared the deed
  • The document must contain the names and addresses of the current owners and the new owners
  • The document must be signed by each owner and at least 2 witnesses
  • The document must be notarized by a notary public

What are the Different Types of Deeds in Florida

There are 4 types of basic deeds you can choose from to fit your specific needs:

  1. General Warranty Deed: This is the most common because it is used in the sale of residential real estate. It conveys the fee for the title transfer and provides covenant of title that guarantee the seller is not liable for any damages or defects the buyer may find after final sale.
  2. Special Warranty Deed: This document ensures that the current owner is not liable for any breeches of covenant a former owner may have done. Additionally, it stipulates that the current owner is not liable for correcting any defects because any previous owners breeched a covenant.
  3. Fee Simply Deed: This document differs from the first two in that the seller provides no guarantees or covenants upon sale.
  4. Quit Claim Deed: This document serves as a tool to clear property titles and get rid of title defects. It is called a ‘quit claim’ because the previous owner is relinquishing their claim to the property even if they may have right to or interest in the property.

Let Our Tampa Deed Lawyers Help You Legally Transfer Property

Devolder Law Firm will work closely with you to ensure you are receiving a fair deal during your property transfer legal action. We are experienced in real estate laws and can effectively protect your interests.

Complete our online form or call us directly at (813) 773-8233 to schedule your initial consultation.

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