What Is A Deed?

A deed is a real estate document that reflects who owns a property. There are many types of deeds and they differ considerably in their purpose, what they include and what they are for. The Law Office of Kimberly A. Abrams & Associates, P.A., can assist you with the preparation and recording of the following types of deeds:

General Warranty Deeds: This type of deed is used when the seller “warrants” the title to their property to the buyer. The General Warranty Deed is the most common type of deed used in a sale and purchase transaction in Florida, and is most likely what will be used in your closing. The warranties of title included in the General Warranty Deed are as follows:

• The seller warrants the title to the property and will defend it against the lawful claims of all person whomsoever;
• The seller is lawfully seized of the property in fee simple;
• The seller has good right and lawful authority to sell and convey the property;
• The property is free of all encumbrances, covenants, conditions, restrictions and easements.

Quitclaim Deeds: Unlike the Warranty Deeds, there are no warranties of title contained in a Quitclaim Deed. This type of deed is used when the seller merely intends to transfer to the buyer whatever interest in the property he/she may have. This type of deed is the most common form of deed used to add or remove someone from the title.

Special Warranty Deeds: This type of deed is very similar to the General Warranty Deed, with the exception of the first warranty of title. In a Special Warranty Deed, the seller only warrants and defends the property against the lawful claims of all persons claiming by, through or under the seller. The Special Warranty Deed is most often used in certain types of commercial closings.

Traditional Life Estates & Ladybird Deeds: These types of deeds are estate planning tools used to designate who will receive your property upon your death and are most often used as a tool to avoid probate when you pass away. In both of these deeds the person who has the life estate is known as the “life tenant” and the person who receives the property upon the life tenant’s death is knows as the “remainderman.” A life tenant has the exclusive use and possession of the property during his/her lifetime. In a Traditional Life Estate, the remainderman must sign together with the life tenant if the life tenant wants to sell, mortgage, transfer or assign the property. In a Ladybird Deed, otherwise known as an Enhanced Life Estate, the life tenant can act without the joinder of the remainderman so the life tenant may sell, mortgage, transfer or assign the property without the signature of the remainderman.

Please Contact Us Today For Our Knowledgeable Guidance On Deeds

Discover what a difference experienced support and committed service can make when navigating the complexities of deeds. Call 954-546-7399 or email us to learn more about how we can help. With our bilingual staff, we provide services in both English and Spanish.