This is the easiest, fastest, and most cost-effective way for you to get a custom-drafted deed, by a Florida Attorney.
– Cyrus Malhotra, Esq.
Malhotra Law Firm, PA
I needed to take my ex-husband’s name off our deed, but the local attorney wanted $500 to do the same thing this law firm did for $250. I highly recommend the Malhotra Law Firm for the affordability, and first class service!
A property deed is a written and signed legal instrument that is used to transfer ownership of real property from the old owner (the grantor) to the new owner (the grantee). A deed can also remove someone from the title (an ex-spouse after a divorce, for example) or can add someone on to title (adding a new spouse, or an adult child, for example)
A statutory warranty deed is also called a general warranty deed. It fully warrants title to the property being conveyed against any and all claims. It offers the broadest warranty of any of the deeds. Statutory warranty deeds are used in most residential real estate transactions in Florida.
A special warranty deed gives only a limited warranty of title. It warrants the title but only against claims of people who are claiming by, through, or under the grantor in the deed. Special warranty deeds are frequently used in commercial real estate transactions and in deeds from developers of condominiums or subdivisions.
A quit claim deed gives no warranties. While it conveys whatever title the grantor may have, in executing a quit claim deed, the grantor is not representing that he owns the property or that he has the right to convey. Quit claim deeds are frequently used to help clear title problems or clouds on the title to property, but is not always the best option for title changes.
With a life estate deed, the owner of the real estate makes a gift of the property to beneficiaries, called remaindermen. He can’t mortgage or sell the property during his lifetime without the permission and “joinder” of the remaindermen. Joinder means that they’re parties to the mortgage or sale. The owner effectively gives the property away—and unilateral control of the property—during his lifetime.
An enhanced life estate deed is a special type of deed recognized by common law in three states: Florida, Michigan and Texas. Also called a “Lady Bird” deed, it can be used to transfer ownership of real estate outside of probate to a beneficiary named in the deed. The Florida lawyer who created the deed arbitrarily named it after President Johnson’s wife.
With an “enhanced” life estate, or Ladybird Deed, the owner of the real estate, referred to as the “life tenant,” retains complete control over the property during his or her lifetime. The owner has the right to mortgage or sell the real estate without the consent of the beneficiaries or the remaindermen named in the deed because the owner hasn’t actually given the property to them yet. The property doesn’t actually transfer until death. Upon passing of the owner, the beneficiaries will file the death certificate with public records, which is all that is needed in order for title to pass to them.
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