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:
January 16th, 2019
Name: Michael C.
Review: I would appreciate being able to increase the size of the blocks such as the Grantor block and the legal description block where information is enter on the form and to adjust the font. Otherwise great product,
Reply from Staff on January 16th, 2019
Thank you for your feedback Michael. We do wish we could make that an option. Unfortunately, adhering to formatting requirements (specifically margin requirements) leaves a finite amount of space available on the page.
January 3rd, 2019
Name: Richard E.
Review: Very easy. I copied each doc separately. Is there a way to copy the all docs at once into a folder? Thanks for being there. Rich
Reply from Staff on January 3rd, 2019
Thank you for the feedback Richard. Currently there is no way to download all of the documents at once but we'll definitely look into it. Have a great day!
February 3rd, 2019
Name: Randy B.
Review: The form was exactly what we needed and the directions were spot on and perfectly clear. Filling out government forms can be an experience filled with anxiety but deeds.com made it easy and practically worry free.
Reply from Staff on February 3rd, 2019
Thanks Randy, we really appreciate your feedback.
December 28th, 2018
Name: Christine A.
Review: So far do good. Don't understand the billing procedure yet and have just sent a request for information. Awaiting reply. Thank you, Christine Alvarez
Reply from Staff on December 28th, 2018
Thanks for the feedback. Looks like your E-recording invoice is available. It takes a few minutes for our staff to prepare documents for recording and generate the invoice.
December 21st, 2018
Name: jack b.
Review: good form, reasonable fee
Reply from Staff on December 21st, 2018
Thank you Jack. We really appreciate you taking the time to leave your feedback. Have a great day!
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