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Florida Warranty Deed

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FLORIDA SPECIAL WARRANTY DEED [Individual to Two Individual / Husband and Wife]

© 2016 - U.S. Legal Forms, Inc. | Control Number: FL-048-78

I. TIPS ON COMPLETING THE FORMS

The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand.

It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible.

By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner.

II. DESIGNATING HOW THE GRANTEES WILL HOLD THE PROPERTY:

A. In the State of Florida, real property can be held by more than one person (concurrent estates) in the following ways:

1. If the Grantees ARE NOT married to each other, they can hold the property as:

a. Tenants in Common: a type of concurrent estate in which each party owns an undivided interest in the property that will pass to their heirs when the tenant in common dies. Generally their shares are “equal” but may differ in size.

b. Joint Tenants with the Right of Survivorship (JTWROS): is a type of concurrent estate in which co-owners have a right of survivorship, meaning that if one owner dies, that owner's interest in the property will pass to the surviving owner or owners by operation of law, and avoiding probate.

2. If the Grantees ARE married to each other, they can hold the property as:

a. Tenants in Common – See above

b. Joint Tenants with the Right of Survivorship – See above

c. Tenants by the Entirety - a type of concurrent estate formerly available only to married couples, where ownership of property is treated as though the couple were a single legal person. Like a JTWROS, the tenancy by the entirety also encompasses a right of survivorship, so if one spouse dies, the entire interest in the property passes to the surviving spouse, without going through probate.

3. In the attached deed, the preparer will need to indicate how the Grantees will hold the property: as Tenants in Common; Joint Tenants with Right of Survivorship; or, Tenants by the Entirety.

B. For additional information on the above see the definitions at: http://lawdigest.uslegal.com/

C. For example:

“. . . as tenants in common , . . .” OR

“. . . as tenants by the entireties , . . .” OR

“. . . as joint tenants with the right of survivorship and not as tenants in common .”

III. DISCLAIMER

These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the State of Florida. All information and Forms are subject to this Disclaimer:

All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (USLF) are not a substitute for the advice of an attorney.

THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Special Warranty Deed

THIS INSTRUMENT PREPARED BY:

PARCEL IDENTIFICATION NUMBER:

This Special Warranty Deed, made the day of , by:

GRANTOR: , an individual, whose address is , and

GRANTEES: , whose address is , and

, whose address is , husband and wife.

WITNESSETH: That the Grantor, for and in consideration of the sum of $ , ( DOLLARS) and other valuable considerations, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantees, as

all that certain land situate in County, Florida, to wit:

See Legal Description Attached as Exhibit A incorporated by reference as though set forth in full

Legal Description:

Space above for Recording

TOGETHER, with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. To have and to hold, the same in fee simple forever.

GRANTOR hereby covenants with said Grantees that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land, that the Grantor hereby warrants the title to said land and, except for covenants, easements and restrictions of record, will defend the same against the lawful claims of all persons claiming by, through and under Grantor, but not otherwise.

IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written.

Signed, sealed and delivered in the presence of:






STATE OF FLORIDA

COUNTY OF

The foregoing instrument was acknowledged before me this day of , , by , who is personally known to me or has produced as identification and who did/ did not take an oath.


Special Warranty Deed Exhibit A

EXHIBIT A

Grantor:

Grantees:

Legal Description:

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Definition and context for the Florida Warranty Deed

A Florida Warranty Deed is a written legal instrument used to transfer real property title in Florida while providing the buyer with express covenants from the seller that the title is clear and that the grantor will defend against lawful claims. It identifies grantor and grantee, includes a legal description of the property, states consideration, and contains warranty covenants and an acknowledgment for notarization and witnesses where required by Florida law. The deed is typically recorded in the county where the property is located to provide public notice and preserve the grantee's ownership rights.

Why a Warranty Deed matters in Florida transfers

A Warranty Deed shifts risk by promising clear title and offering statutory and common-law protections to the grantee; it also facilitates title insurance underwriting and recording. When properly executed, notarized, and recorded, it creates a public record that supports marketable title and reduces future chain-of-title disputes.

Why a Warranty Deed matters in Florida transfers

Typical parties and professionals involved

Real estate buyers, sellers, title companies, attorneys, lenders, and closing agents commonly prepare or review Florida Warranty Deeds before closing.

  • Residential buyer or seller — Individuals transferring ownership for a home sale or family conveyance; transactions often require title searches and insurance.
  • Title company or closing agent — Prepares legal description, coordinates recording, and issues title insurance to protect the grantee.
  • Real estate attorney or lender representative — Reviews covenants, exceptions, and encumbrance releases; advises on liens, mortgages, or adjustments needed prior to recording.

Use professionals where title issues, liens, or complex vesting are present; straightforward transfers may still benefit from a title search and recording confirmation.

Core parts of a professionally drafted Florida Warranty Deed

A complete Florida Warranty Deed includes clearly labeled sections that establish parties, property, consideration, covenants, and recording details; each element affects enforceability and title chain clarity.

Granting Clause

Specifies the grantor’s intent to transfer and the estate conveyed, for example 'grant, bargain and sell' language that creates immediate title transfer and clarifies scope of the conveyance.

Legal Description

Precise metes-and-bounds or recorded plat description that identifies property unambiguously for recording and title search purposes; P.O. boxes or informal addresses are insufficient.

Consideration

State the exact monetary amount or a clear statement of consideration; this clarifies taxable events and supports recording and title insurance requirements.

Warranty Covenants

Express promises such as covenant of seisin, covenant against encumbrances, covenant of quiet enjoyment, and covenant of further assurances that protect the grantee against title defects.

Habendum Clause

Defines the interest granted (fee simple, life estate, etc.) and any limitations or exceptions; aligns the granting language with the intended estate and future rights.

Acknowledgment and Execution

Signature blocks for grantor(s), notarization, and any required witness lines (Florida requires two witnesses); includes dates and spaces for recording stamps.

Step-by-step: completing a Florida Warranty Deed

Follow these sequential steps to prepare, execute, and record a Florida Warranty Deed accurately and to preserve the grantee’s title protections.

  • 01
    Gather documents: Obtain prior deed, title search, and legal description.
  • 02
    Draft deed text: Include granting clause, covenants, and habendum.
  • 03
    Sign and notarize: Grantor signs before a notary and two witnesses.
  • 04
    Record in county: Submit to the county clerk/recorder for indexing.

How to configure an online completion workflow

Set up the document workflow to mirror the in-person closing steps: upload deed, assign signer roles, require notarization, and route for recording.

Field Configuration
Signer Roles Assign grantor, witness, and notary roles in order.
Authentication Level Use email+SMS or knowledge-based verification for identity.
Notary Integration Enable RON or schedule in-person notarization as needed.
Recording Package Include certified copy and cover sheet for county recording.

Where the deed goes after execution

After signatures and notarization, the deed must be sent for county recording and distributed to parties and title insurer to finalize the transfer.

  • County Recorder: Primary filing location for public indexing and chain-of-title protection.
  • Title Company: Receives a copy to update title insurance and closing files.
  • Mortgage Lender: Notified if deed affects encumbrance or satisfaction requirements.
  • Grantee File: Provide certified recorded copy to the new owner for records.

Distribution channels and format requirements

Choose distribution methods that preserve original notarization, timestamp, and certified recording copies for each party.

  • Recorded PDF: Certified PDF is acceptable and widely used for digital records.
  • Hard-Copy Delivery: Mail or courier required for many lender portfolios.
  • Electronic Filing: Some counties accept e-recording via authorized vendors.

Confirm county recording rules before delivery; when using electronic signing, ensure notarization method (in-person or RON) is compatible with the county’s filing process and lender requirements.

Timing and common recording deadlines to expect

Recording and related tasks have practical deadlines that affect priority, funding, tax proration and mortgage satisfaction at or shortly after closing.

Recording timing:

Record promptly after closing to protect against intervening claims.

Closing date:

Effective date for transfer; coordinate funding and deed execution.

Title insurance update:

Submit recorded deed to title company within days of recording.

Tax proration:

Calculate property tax proration as of the closing date.

Mortgage payoff:

Obtain and record satisfaction of prior liens before or at recording.

Key milestones from contract to recorded deed

Typical milestone sequence spans contract, closing, execution, recording and post-recording distribution of documents.

01

Purchase Contract

Agreement executed and inspections/title work initiated.

02

Closing Appointment

Signatures, funding, and delivery of closing documents occur.

03

Record Deed

Recorder indexes deed and assigns official book/page or instrument number.

04

Distribute Copies

Send certified recorded deed to grantee, lender, and title insurer.

Key security and compliance considerations for electronic deeds

Encryption: TLS 1.2/1.3 in transit; AES-256 at rest
Audit Trail: Timestamps, IP, and signer actions recorded
Certifications: SOC 2 Type II and ISO 27001 available
HIPAA Support: BAA required for PHI workflows
Legal Compliance: ESIGN and UETA legal frameworks supported
Accessibility: WCAG 2.0 Level AA compliance

Consequences of incorrectly prepared or recorded deeds

Recording Rejection: Wrong legal description or missing notarization
Title Defect: Undisclosed liens or encumbrances survive
Tax Exposure: Improper consideration reporting or stamp taxes
Chain-of-Title Risk: Ambiguous vesting creates future disputes
Fraud Allegations: Unauthorized signatures can prompt litigation
Insurance Issues: Title insurer may add exceptions or deny coverage

Common errors to avoid when preparing a Warranty Deed

  • Transcribing an incomplete or inaccurate legal description from memory rather than copying the recorded deed or survey.
  • Using informal or inconsistent party names that do not match government IDs or entity formation records, causing vesting disputes.
  • Omitting required witness signatures or a proper notarization block that meets Florida’s two-witness and notary practices.
  • Failing to clear existing liens or record mortgage satisfactions before transferring title, which can complicate closing and insurance.

Real-world scenarios where a Florida Warranty Deed is used

These condensed examples show common transaction types and the deed’s role in completing title transfer and recordation.

Residential Sale

A homeowner sells a single-family property following a purchase agreement and title search that revealed no defects.

  • Buyer receives a Warranty Deed with full covenants.
  • After notarization and recording at the county clerk, title insurance is issued and the buyer receives a certified recorded copy for their permanent records.

Interfamily Transfer

An owner conveys property to a family member for estate planning and simplifies probate.

  • Grantor executes Warranty Deed with consideration stated nominally.
  • The deed is notarized with two witnesses, recorded in the county, and included in the family member’s estate planning file to document current ownership.

Comparison: eSignature provider pricing and key features

High-level pricing and capability comparison for common eSignature vendors. signNow is listed first per vendor table conventions.

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Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Frequently asked questions about Florida Warranty Deeds

Answers to common practical and legal questions encountered when preparing, executing, notarizing, and recording a Florida Warranty Deed.


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