F.A.Q.

Frequently Asked Questions

What is a deed?

A deed is a legal document used to transfer from one person or entity to another certain rights in a parcel of real estate. It is used in all purchases, sales, gifts or other transfers of real estate. There are several different types of deeds used to transfer property. The two most common are the Quitclaim Deed and the Warranty Deed. A Quitclaim Deed is a deed that simply transfers to the new owner (called the “Grantee”) whatever interest in the property may be held by the person signing the deed. The signer of the deed (called the “Grantor”) makes NO warranties or guarantees about the quality of Grantor’s interest in the property, whether or not there are any liens against the property or whether anyone else may claim any interest in the property. A Quitclaim Deed is most often used in non-sale transactions.

Are there different kinds of deeds? What kind do I need?

A Warranty Deed, sometimes called a General Warranty Deed, is a deed that transfers all rights of the Grantor to the Grantee, but the Grantor also makes certain warranties or promises to the Grantee. These promises typically include the Grantor’s promise that Grantor has the rights in the property that Grantor purports to transfer to Grantee, that Grantor has the right to convey the property, that the property is free from liens or claims of third parties, that Grantee is entitled to be in possession of the property and that Grantor will compensate Grantee for any damages sustained as a result of any claims against the property by third parties. A Warranty Deed is the type of deed most often used in ordinary purchase and sale transactions.

How should I own my new timeshare?

You may own your timeshare in your individual name or in joint names with another. Having two or more persons as the recipient of the property, called the Grantees, requires someone to decide on how the owners should own the property between themselves. If there are two Grantees, they each may simply have an equal one-half interest in the property that either of them can leave by will to their heirs at their death. This form of ownership is called tenants in common. Alternatively, the deed may say that the property is to be owned by the two Grantees as joint tenants with right of survivorship. If this form is used, immediately on the death of one of the Grantees, the other surviving Grantee automatically owns the entire property, regardless of what the deceased Grantee’s will may say. Recording the death certificate in the public records of the county of the property will provide proper evidence that the entire property is owned by the surviving party.

Are there specific requirements for the content and format of a deed?

Yes. State law and sometimes local custom will dictate the exact requirements for a deed. We will insure that your deed is prepared in compliance with all state and county requirements.

What is the legal description for property?

The legal description for a piece of real estate is the precise description of that property contained in the public records and is derived over time through the chain of title. It is the description used for transferring the property to another. The legal description is not the street address and is not the abbreviated form of description used on the real estate tax bill for the property. A deed preparer should always use the legal description exactly as it appears in the prior deed for the property unless the property to be transferred is only a portion of or is otherwise different from the property as described in that prior deed.

Must a deed be recorded? What governmental agency handles recording of deeds?

To be legally valid, the deed is not required to be recorded although it is very risky not to do so. If the deed is not recorded, the Grantee’s name (and rights) appear nowhere in the chain of title found in the public records of the county. Other parties may take actions or fail to take actions that could affect the property without a knowledge of your ownership rights. For example, the grantor may have a lien filed against all of his or her property after you receive your deed but because you have not recorded it a question arises as to whether the lien has attached to your property or not. An unscrupulous grantor may even give another deed to the same property to someone else who has no knowledge of your claim to the property. To protect the rights of the Grantee, it is advisable to properly record the deed. In Florida, the deed must be recorded in the county in which the property is located. The agency that handles the recording is the Clerk of the Circuit Court. The Clerk’s office serves many functions (not just real estate recordings) and will usually have a separate department to handle the recording of all legal documents, including deeds.

Is there anything unique about a transfer to a trust?

Yes. A transfer to a trust is unique in several ways. In Florida, the transfer should always be made to the trustees of the trust and not to “the trust” per se. This is because for the purposes of real property transfers, the trust is not recognized as a separate entity from the trustee as would be the situation, say, for a corporation and its president. The transfer document (deed) should also contain certain language concerning the powers of the trustees regarding the property. Doing so may eliminate the need to record a copy of the entire trust, a document usually containing personal information. Finally, the terms of the trust and the identity of the beneficiaries of a trust can have a bearing on whether the documentary stamp tax is due on the transfer. If your transfer is to be made to a trust, we will insure that your deed is prepared in accordance with these special requirements.

Who signs the deed?

The Grantor is the person signing the deed. This is the person who is transferring their rights in the property to another. The Grantor’s name should always be shown exactly as it appeared on the deed used when the grantor received his or her interest in the property. We will include specific signing instructions with the documents provided.