A conveyance of real estate in Florida must meet the statutory requirements as set forth in the Florida Revised Code.
Special warranty deeds can be used to convey title to real estate in Florida. This type of deed limits the general covenants of warranty by covenanting only against defects of title arising by, through, or under the grantor. Other covenants, such as the right to convey and a covenant against future encumbrances may be included in the deed.
The execution of a special warranty deed must be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary public who affixes his or her official seal in the manner provided by law (695.03). Two witnesses are required for the grantor’s signature; however the notary public may act as a witness, and should sign the deed both as a notary and as a witness. A special warranty deed can be acknowledged in Florida or in another state by any of the officers listed in 695.03 of the Florida Revised Statutes. A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the deed presented for recording.
A special warranty deed will not be good and effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless it is recorded according to law (695.01). The priority of documents is determined by the order and time of recording. Special warranty deeds and all other real estate documents are recorded with the clerk of the circuit court in the county where the property is located.
Deeds.com Florida Special Warranty Deed Forms Have Been Updated as Recently as Monday March 22, 2021
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