With so many New York residents owning second homes/vacation homes in Florida, it’s likely they will also need estate planning, elder law, and special needs planning solutions involving these properties. Preparing Florida DeedsĪs you know, the New York-Florida connection is alive and well, and stronger than ever. Under Florida law, certain transfers are subject to “document stamp taxes.” Further, certain transfers may cause the owner to lose the coveted “homestead status” afforded certain Florida homes.Įlder Law assists our clients in navigating the above issues to assure that real property is conveyed effectively with the best possible tax and homestead treatment available. Into or from revocable and/or irrevocable trustsĭetermining which deed is appropriate requires careful analysis of the purpose for which the transfer is being made, the planning goals and objectives, and tax and homestead considerations.With a retained enhanced life estate (aka “lady bird deed”).In the elder law and estate planning context, Elder Law assists our clients with the conveyance of real property: Collazos by calling (305) 921-0976 or emailing to schedule a consultation.There are a variety of deeds used to convey real property. Do You Want to Reverse a Florida Quit Claim Deed? – Contact Your Florida Probate Lawyer Today Consult with an expert attorney to identify the accurate strategy for your case. If there are no validity issues, it may be possible to overturn the deed based on grounds of undue influence or the grantor’s incompetency. The attorney will look for execution mistakes or procedural errors that may invalidate the deed.Īs long as there are legal grounds to reverse a quitclaim deed based on its invalidity, the interested party may file a lawsuit in court to revoke the document. If the parties involved do not agree to execute and record a new deed, the party interested in reversing the deed must consult with an expert Florida attorney to review the document. The first way to cancel a quitclaim deed is to draft, sign, and record a new deed transferring the property back to the grantor.Īs quitclaim deeds are generally used in property transfers involving family members or persons who trust each other, both parties may consent to use a new deed to reverse the document. Under Florida law, it is possible to reverse a quitclaim deed. Can a Quit Claim Deed be Reversed in Florida? – An Honest Answer If a grantee suffers damages from title defects, he or she cannot file a lawsuit against the grantor who conveyed the property through a quitclaim deed. This type of deed does not offer liability protection for grantees. When the grantee signs a quitclaim deed in Florida, he or she is agreeing to receive whatever interest the grantor is conveying in the document. The grantor will defend the grantee’s rights against title defects and third party’s claims against the property. The grantor ensures the grantee’s use, possession, and enjoyment of the conveyed property will not be disturbed by title defects.No undisclosed encumbrances are attached to the title of the conveyed property (e.g., mortgage liens, judgments, unpaid tax liens, etc.).No restrictions or limitations hinder the grantor’s ability to convey the property to the grantee.The grantor owns the interest in the conveyed property. A quitclaim deed offers no guarantee that: Unlike a warranty deed or other deed types, it does not contain any covenants of title. In essence, quitclaim deeds were not designed to convey any type of ownership of property. If the grantor has any ownership claims to the property, he or she is conveying it to the grantee.The grantor is not guaranteeing which type of ownership he or she has.The grantor is not guaranteeing he or she has a valid claim to any part of the property.The grantor is not guaranteeing he or she actually owns the property.If someone accepts to act as the grantee in this type of transfer, that person is accepting that: When signing a quitclaim, the grantor transfers whatever title he or she owns in a property to a grantee. What is a Quit Claim Deed? – The Fundamentals Is it possible to reverse a quitclaim deed in Florida? Keep reading to find out. If the grantor is the property’s legitimate title holder, the quitclaim deed will transfer the title to the grantee.Ĭonversely, if there are title encumbrances or no ownership at all, the quitclaim deed is ineffective. A quitclaim deed is a legal document used to transfer the title of a property from one person (the grantor) to another (the grantee).
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