Granting Clause
A clear clause stating that the grantor quitclaims any interest to the grantee, identifying parties by full legal names and specifying the type of interest conveyed.
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Florida Quitclaim Deed
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What the Florida Quitclaim Deed Is
Why a Quitclaim Deed Is Used in Florida
A Florida Quitclaim Deed provides a fast, low-cost mechanism to transfer or correct property interests without warranty, useful for family conveyances, divorces, or transfers into trusts. It simplifies administrative transfers but does not replace a warranty deed or title insurance when clear title is required.
Who Typically Prepares or Receives a Florida Quitclaim Deed
Individuals, family members, trustees, and attorneys commonly use Florida Quitclaim Deeds to transfer or correct property interests without warranty.
- Homeowners transferring title between family members or into or out of trusts.
- Divorcing spouses executing settlement agreements to transfer real property title.
- Real estate attorneys and title professionals correcting scrivener errors and minor clouds on title.
Primary Roles Involved
Grantor
The grantor is the person or entity releasing any present interest in the property. In Florida the grantor must sign before a notary and two witnesses; identity should match government-issued ID to avoid recording delays or rejection.
Grantee
The grantee receives the grantor’s interest as-is and should obtain title evidence before relying on ownership. A quitclaim deed provides no covenants or title insurance; grantees often request a title search or owner’s policy when consideration is paid.
Core Elements of a Proper Florida Quitclaim Deed
Legal Description
The complete legal description (metes and bounds or recorded plat citation) must be copied exactly from county records; a street address alone is insufficient.
Consideration
State the consideration (dollars or phrase like 'love and affection'). Even nominal consideration clarifies transaction intent for recording purposes.
Signatures
Grantor signature with printed name and date; if an entity signs, include officer name and title and attach corporate authorization if required.
Notary Acknowledgment
A Florida notary acknowledgment must be completed and include the notary’s commission number, expiration, and seal to satisfy recording office requirements.
Witness Attestation
Florida requires two witnesses for deeds; include their printed names and signatures near the notary block to meet state recording standards.
Step-by-Step: Prepare, Execute, and Record
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01Prepare Draft: Assemble legal description and party names.
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02Sign & Notarize: Grantor signs before notary and two witnesses.
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03Record Deed: Submit to county recorder with recording fee.
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04Obtain Copies: Keep recorded copy for grantee and grantor.
How to Customize an Online Deed Workflow
| Field | Configuration |
|---|---|
| Signature Field | Place grantor, witness, and grantee fields; require signature and date. |
| Notary Block | Add county-specific acknowledgment fields including commission number and seal area. |
| Witness Fields | Add two separate witness signature lines with printed names. |
| Authentication | Use email or SMS code; optional identity verification for high-risk transfers. |
Where to File and How Recording Works
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County Recorder: Submit original deed with recording fee and required coversheet.
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Recording Office: Clerk stamps, indexes, and returns recorded document.
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Indexing: Deed is indexed under grantor and grantee names for searchability.
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Copies: Obtain a certified copy or recorded PDF for your records.
Digital Signing, Notarization, and Distribution Methods
Choose a signing and distribution approach that preserves the required notary and two-witness workflow for Florida recording acceptance.
- In-Person Signing: Use a tablet or printed deed with witnesses and notary present.
- Remote Notarization: Use RON only where authorized; identity proofing and recording of A/V required.
- eDelivery: Send secure links or email with an audit trail and downloadable recorded PDF.
Timelines, Deadlines, and Recording Expectations
Execution Date:
Date the grantor signs; use MM/DD/YYYY format.
Recording Priority:
Recording date establishes priority against subsequent claims.
Tax Reporting:
Transfers may affect property tax rolls and documentary stamp filings.
Title Search Timing:
Order a title search before relying on ownership or closing.
Statute Limits:
Effective date influences limitation periods; consult counsel.
Key Processing Milestones for a Quitclaim Deed
01
Draft Prepared
Assemble parties, legal description, and consideration.
02
Execution
Grantor signs before notary and two witnesses.
03
Recording
Submit original document with payment to county clerk.
04
Post-Recording
Obtain certified copy and update title insurance if needed.
Notarization and Witness Authentication Steps
01
Verify ID
Notary verifies government-issued photo ID for the grantor.
02
Witness Presence
Two witnesses must be physically present if remote notarization is not used.
03
Sign in Order
Grantor signs; witnesses then sign near the notary block.
04
Notary Acknowledgment
Notary completes acknowledgment and affixes commission seal.
05
Record Video (RON)
If using RON, retain audio-video recording per state rules.
06
Notary Journal
Notary records the transaction in a journal with identifying details.
07
Witness Info
Include printed names, addresses, and signatures of the witnesses.
08
County Requirements
Check county clerk for local formatting or fee rules before recording.
Common Preparation Mistakes to Avoid
- Using a street address instead of the full legal description can cause recording offices to reject or mis-index deeds, creating uncertainty about the conveyed parcel and complicating future transactions.
- Mismatched names between the deed, government ID, and prior recorded records frequently result in recording delays or requests for corrective affidavits, increasing time and cost to complete the transfer.
- Failing to obtain the two required witnesses and a proper notary acknowledgment in Florida can render the deed unrecordable or later susceptible to challenge during probate or quiet-title litigation.
- Assuming a quitclaim deed conveys clear title is risky; without a warranty deed or title insurance, the grantee remains exposed to undisclosed liens, claims, or competing ownership interests.
Risks and Potential Consequences
No Title Warranty:
Grantee receives no guarantees.
Recording Rejection:
Missing notarization or witnesses triggers rejection.
Tax Implications:
Documentary stamp or transfer taxes may apply.
Liens Remain:
Existing mortgages and liens are not removed.
Fraud Risk:
Improper signatures may constitute fraud.
Dispute Litigation:
May lead to quiet-title or breach claims.
Practical Examples of Quitclaim Deed Use
Family Transfer
A parent transfers a second home to an adult child to simplify estate planning.
- No title warranty is conveyed.
- The parties ordered a title search before recording; the deed was notarized and witnessed, then the grantee obtained a short-form owner’s policy to guard against unknown defects.
Divorce Conveyance
Spouses transfer a jointly owned property as part of a settlement to place title solely in one name.
- Quitclaim conveys whatever interest the grantor has.
- The deed was executed with two witnesses and notarization; recording completed the settlement terms and cleared the title for the receiving spouse.
eSignature Pricing and Feature Comparison (signNow First)
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| Starting Price | $8/user/mo | $15/user/mo | $14/user/mo | $19/user/mo | $15/user/mo |
| Free Trial | Yes, 7-day free trial | Varies by plan | Varies by plan | Varies by plan | Varies by plan |
| Bulk Send | Yes (premium tier) | Yes | Yes | Yes | No |
| Audit Trail | Yes | Yes | Yes | Yes | Yes |
| HIPAA Compliant | Yes | Yes | Yes | No | No |
Frequently Asked Questions About Florida Quitclaim Deeds
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Can a quitclaim deed transfer full ownership?
Yes, a quitclaim deed can transfer full ownership only if the grantor actually holds full title. Because the deed provides no warranties, grantees should obtain a title search or insurance before relying on ownership to avoid unexpected claims.
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Are electronic signatures valid on deeds?
Electronic signatures are legally valid under the federal ESIGN Act (15 U.S.C. §7001) and UETA where adopted, but state recording offices may have specific requirements for notary acknowledgments and witness attestations that must be satisfied.
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Can a deed be notarized remotely?
Remote online notarization (RON) availability varies by state and county. If RON is authorized in your jurisdiction, follow identity-proofing, audio-video recording, and retention rules; otherwise use in-person notarization and witnesses.
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What if the deed is missing witnesses or notarization?
Missing required notarization or witnesses often leads to recording rejection. Remedies may include re-execution, corrective affidavit, or a corrective deed; consult legal counsel to determine the correct remedial step.
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How long does county recording take?
County recording times vary widely from same-day to several weeks depending on workload and submission method; some counties offer expedited or online recording which can shorten turnaround.
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Can a quitclaim deed be revoked?
A quitclaim deed generally cannot be unilaterally revoked after delivery and recording if title has passed; correcting errors usually requires a corrective deed or litigation, and revocation options depend on whether the grantor still retained an interest.
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