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        <title><![CDATA[deed - Law Office of James W. Martin, P.A.]]></title>
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                <title><![CDATA[How Many Kinds of Deeds Are There in Florida?]]></title>
                <link>https://www.jamesmartinpa.com/blog/how-many-kinds-of-deeds-are-there-in-florida/</link>
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                <dc:creator><![CDATA[Law Office of James W. Martin, P.A. Team]]></dc:creator>
                <pubDate>Sat, 13 Mar 2010 19:37:00 GMT</pubDate>
                
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                <description><![CDATA[<p>When you buy or sell real estate in Florida, it’s important to think about the kind of deed that will transfer the real estate. There are many kinds of deeds in Florida. Here are a few of them: Statutory Warranty Deed. If you are the buyer, you generally want the seller to sign a statutory&hellip;</p>
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<p>When you buy or sell real estate in Florida, it’s important to think about the kind of deed that will transfer the real estate. There are many kinds of deeds in Florida. Here are a few of them: Statutory Warranty Deed. If you are the buyer, you generally want the seller to sign a statutory warranty deed because it means the seller makes various warranties to you. If the title fails, then you could sue the seller for breach of warranty. This is the type of deed that is usually prepared by lawyers and title insurance agents for closings in Florida. It is the type of deed specified in the form contracts issued by the Florida Realtors and The Florida Bar. But, there is no law that says it must be used.</p>



<p><strong>Special Warranty Deed.</strong> On the other hand, if you are the seller, you can limit your warranties by signing a special warranty deed instead of a statutory warranty deed.</p>



<p><strong>Fee Simple Deed.</strong> Even better, if you are the seller, you could sign a fee simple deed because it contains no warranties at all, but it still purports to convey fee simple title.<br>Trustee’s Deed. If you are a trustee, personal representative or guardian, then you want to sign a special type of deed for that capacity, which is similar to a fee simple deed and gives no warranties because it would obligate the trust, estate or guardianship beyond the term of your office.</p>



<p><strong>Quit Claim Deed.</strong> If you are not sure whether you really own the property, then you want to sign a quit claim deed. (Non-lawyers sometimes mistakenly call this a “quick” claim deed, but the correct name is quit claim deed.) Doing this means you quit claim your interest to the grantee, meaning that you only convey to the grantee whatever interest you have in the property. If you have no interest in the property, then you are conveying nothing.</p>



<p>The key is to specify the type of deed in the contract for sale, and to have your attorney read both the contract and the deed before you sign them. And it’s imperative that a title search and title insurance be obtained from a licensed title insurance company before you sign a deed.</p>
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                <title><![CDATA[Take My Name Off The Deed, Please]]></title>
                <link>https://www.jamesmartinpa.com/blog/take-my-name-off-the-deed-please/</link>
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                <dc:creator><![CDATA[Law Office of James W. Martin, P.A. Team]]></dc:creator>
                <pubDate>Sat, 13 Mar 2010 19:36:00 GMT</pubDate>
                
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                <description><![CDATA[<p>So, how do you take your name off the deed? How do you take anyone’s name off the deed? It depends on where the real estate is located. In Florida, and in most states, you cannot literally take a name off the deed. Here’s the reason. Many people think houses are like cars. Cars have&hellip;</p>
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<p>So, how do you take your name off the deed? How do you take anyone’s name off the deed? It depends on where the real estate is located. In Florida, and in most states, you cannot literally take a name off the deed.</p>



<p>Here’s the reason. Many people think houses are like cars. Cars have title certificates, so houses must, too. But they don’t. At least not in Florida.</p>



<p>Vehicle title registration systems are mostly a 20th century thing. Cars are, too. Land ownership, on the other hand, is ancient. Florida land ownership laws are based on the common law of England so there are no title certificates. Instead, who owns land and houses on land is determined by searching the public records where deeds are recorded. The last deed recorded usually says who the current owner is.</p>



<p>Of course, that’s why you need title searches and title insurance: to cover those times when the last deed does not name the current owner.</p>



<p>So, how do you get someone’s name off the title to real estate in Florida? It depends. Sometimes it takes recording another deed. Sometimes it takes recording a death certificate. It all depends on the facts and the state of the title. Which is what lawyers and title companies help you do.</p>
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