Experienced Florida Deed Attorneys
At the Law Office of Kimberly A. Abrams & Associates, P.A., in Fort Lauderdale, Florida, lead attorney Kimberly Abrams brings over 30 years of experience in transactional real estate law, having prepared and filed thousands of deeds. Our small, friendly office operates like a family, offering clients 24/7 access to our cell numbers. We focus on personalized strategies, treating every file with the utmost care. Our bi-lingual staff and up-to-date resources ensure top-quality service and clear communication in both English and Spanish.
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. When preparing a deed for a transaction, several key requirements must be met to ensure validity. The grantor, who transfers the property, and the grantee, who receives it, must be clearly identified. A detailed description of the property is essential to avoid any ambiguity. The deed must include operative language that expresses the grantor’s intent to transfer ownership. Signatures from the grantor and, in some cases, witnesses or notaries, are required. Finally, the grantee must accept the deed for it to be legally binding.
What Are The Types Of Deeds?
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 persons 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 Warranty Deeds, a quitclaim deed does not contain a warranty of title. This type of deed is used when the seller merely intends to transfer to the buyer whatever interest he/she may have in the property. It 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 and 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 known 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 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.