Real estate in Florida, whether it is an estate, an interest of freehold, or a lease for a term of more than one year in any land, tenements, or hereditaments is created, made, granted, transferred, or released by a deed in writing, signed before two subscribing witnesses by the party granting the estate. Further, no estate or interest, either of freehold, or of term of more than 1 year, in any lands, tenements, or hereditaments will be assigned or surrendered unless it is by an instrument in writing, signed in the presence of two subscribing witnesses. (689.01). A statutory form for a warranty deed appears in 689.02 of the Florida Revised Statutes. A conveyance may be in substantially the following form as provided by statute and must contain words of conveyance or a granting clause. The warranty deed, which contains covenants of title, is a popular form for a conveyance of real property in this state.
Any person of lawful age may enter into a conveyance of real property in this state. Individuals as well as those claiming jointly may convey and hold property. Further, corporations can convey and execute any and all conveyances in accordance with the provisions of 689.01 of the Florida Revised Statutes. Florida regulations regarding alien land ownership are as follows: The ownership, inheritance, disposition, and possession of real property in Florida by aliens ineligible for citizenship may be regulated or prohibited by law, according to the Florida Constitution, Article 1 section 2. A conveyance of real estate, including a homestead, made by one spouse to the other, will convey the legal title to the grantee spouse, and the grantee does not need to execute the conveyance (689.11). The method of conveyance is determined by the owner's rights to the real property, the grantee's legal capacity to receive title, and the intentions of the parties involved in the conveyance.
In order for an instrument to be considered for recording, the execution of it must be acknowledged by the party creating it, proved by two subscribing witnesses, and legalized or authenticated by a civil-law notary or notary public who affixes his/her official seal to the instrument (695.03). Acknowledgements made within the state of Florida may be made before a judge, clerk or deputy, clerk of any court, or any officer listed in section 695.03. A deed without witnesses will not vest title in the grantee. Section 695.26 of the Florida Revised Statutes lists the formatting requirements for recording an instrument that affects real property.
No conveyance, transfer, or mortgage of real property, or of any interest therein, nor any lease for a term of one year or longer, is good and effectual in law or equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the instrument is recorded according to law. A real estate deed in Florida needs to be recorded in the county where the property is located. Instruments are deemed recorded from the time of filing. The act of recording provides notice to all persons, but an unrecorded instrument will still be valid between the parties to the instrument. Priority of documents is determined by the sequence of official numbers that the county recorder places on a document upon receiving it for recordation. An instrument with a lower number in the current series of numbers will have priority over any instrument bearing a higher number in the same series. Quitclaim deeds are given protection under the Florida recording acts. Specifically, grantees by quitclaim deed are deemed and held to be bona fide purchasers without notice (695.01).
What others are saying:
Alexis B. said: Highly Pleased- Strongly Recommend Deeds.com Long review... sorry:-) Originally I was very skeptical due to the enormous amount of the scams going on now days and the number of online sources that "claim" to provide you with deed forms for free or for a few. Nothing that you need and want done is free. There is always a cost. So luckily I came across deeds.com. This was the only site that appeared to be simple, to the point, and made no crazy promises. So before selecting this site, I did a little more checking around/price checking to ensure I am getting the best price for the product I needed. I even checked Staples and Amazon to find that they do indeed sell these forms but I do not think the products they provide are specific for my state and county. They claim their forms provided are for all states but my state is specific and I prefer to have forms provided by Deeds.com that is based on Indiana statute that Deed.com clearly identifies on each form. Deeds.com price of $20 seemed a little high at first but when I saw the products provided, the $20 cost is more than reasonable and fair. You not only get the deed form specific for my state and my specific "county" but also the other various/supplemental forms that may be required. Being familiar with my state and knowing how tedious and anal my state is on everything, I was pleasantly please to see the info and extra supplemental forms provided. For example, a person new to the State who recently had property deeded to them, would not necessarily know about the Homestead tax exemption provided if property is your primary residents, over 65 exemption etc. I would highly recommend this site for anyone needing these documents because Deeds.com has you covered on any and all forms/info you could ever need! A bonus is that there is one flat fee and not monthly cost that you have to worry about canceling later unless you superficially select a monthly package. I love the fact that Deeds.com is nothing fancy. There is not a bunch of elaborate graphics etc. They only provide what you need and what they provide is very accurate. Deeds.com has a customer for life.
Reply from Staff: Thank you so much Alexis. We appreciate you, have a fantastic day.
Richard D. said: We are pleased with your service. It is user friendly and efficient,
Reply from Staff: Thank you!
Marlene S. said: This service seems simple and reasonably priced. The deed I requested was not available, and they let me know immediately and refunded the fee. I would try to use this service again, if I had need.
Reply from Staff: Thank you for your feedback. We really appreciate it. Have a great day!
sonja E. said: It's very easy to find your way around on deeds.com, Excellent layout on this website and user friendly!
Reply from Staff: Thank you!
Amber H. said: after typing in the information, the printing is not in alignment - looks disorganized on the page and hard to read
Reply from Staff: Thank you for your feedback. We will flag the document for review.
Available Florida Documents