Understanding Quitclaim Deeds in Florida

Understanding quitclaim deeds can be a useful when preparing to transferring ownership of property in Florida. If you’re looking to transfer ownership of a property in Florida, using a quitclaim deed is one good option.

But what exactly is a quitclaim deed? What are the requirements for notarization in Florida, both in-person and using remote online notary (RON)? What happens after notarization? Glad you asked! Keep reading this article, as we answer each of these questions for you.

What is a quitclaim deed?

This is a question that I had because before I became a notary, I knew very little about quitclaim deeds. In fact, I believed they were called “quick claim deeds”. I knew they were used to transfer property, but I didn’t know much else beyond that. It wasn’t until after I became a notary public that I got a better understanding of the process.

A quitclaim deed transfers ownership of property from one person (the grantor) to another (the grantee) through a legal document. Unlike a warranty deed, a quitclaim deed makes no promises or guarantees about the condition of the title or the property itself.
Instead, it simply transfers whatever ownership interest the grantor has in the property to the grantee.

Using quitclaim deeds

Modern house, real estate

People often use quitclaim deeds in situations where they know and trust the other parties involved, such as when transferring property between family members or divorcing spouses. They also use them to resolve issues with the title, such as removing an ex-spouse’s name from the title after a divorce.

Notarization requirements for In-Person quitclaim deeds in Florida

In Florida, the grantor must sign a quitclaim deed in the presence of a notary public and have it witnessed by two disinterested parties. The notary must then sign and affix their official seal to the document. This is done in-person at an attorney’s office, or at another location designated by the grantor.

Notarization requirements for Remote Online (RON) quitclaim deeds in Florida

Florida law also allows for remote online notarization (RON) of quitclaim deeds. This means that the grantor can sign the document electronically, and the notary notarizes it remotely using audio-visual technology.

With proper authorization and the use of a state-approved electronic platform an active notary public can perform RON. The grantor verifies their identity using methods approved by the state, such as showing a government-issued ID and answering knowledge-based questions.

What happens after notarization?

After notarizing the quit claim deed, you must file it to complete the transfer of ownership or interest in the property.

To make a quitclaim deed legally binding in Florida, you must file it with the clerk of the circuit court in the county where the property is located. The filing fee varies by county, so you should check with the clerk’s office for the exact amount. Once you file the quitclaim deed, it becomes part of the public record and serves as evidence of the transfer of ownership or interest in the property.

Conclusion

Understanding quitclaim deeds is useful when preparing to transfer ownership of property in Florida. Whether you choose to do it in person or remotely, following the notarization requirements carefully is important to ensure that the transfer is valid and legally binding.

If you have any questions or concerns about using a quitclaim deed, it’s always a good idea to consult with a qualified attorney who specializes in real estate law.

You may contact me today if you need your quitclaim deed notarized!

*I am not an attorney therefore I cannot give legal advise.