WHY SO MANY DEEDS IN FLORIDA © Cynthia C. Rignanese

It is important to take the time to understand the different types of deeds available in Florida, as this can have a significant effect on the process of transferring property ownership, whether it's between family members or sellers and buyers. Through this blog post, we will explore the different types of deeds in Florida and the potential benefits that each offer.

The most common type of deed in Florida is the Warranty Deed, which guarantees that the title is free and clear of any liens or encumbrances. This type of deed offers the greatest level of protection for the buyer, as the seller is responsible for any defects in the title. Another type of deed available in Florida is the Special Warranty Deed, which only guarantees the title for the time that the seller has owned the property. This type of deed is typically used in situations where the buyer is aware of potential issues with the title, such as outstanding liens or encumbrances. It may also be used where the Seller only has recent information; this could be for a Personal Representative of an Estate or for a bank selling after a foreclosure.  Finally, the Quit Claim Deed is another type of deed in Florida. This type of deed does not offer any guarantees about the title. It may be only used in situations where the parties involved trust each other, such as between family members. It may also be used where there is a potential land interest, but it is uncertain; then the Quit Claim is transferring what (if anything) that person owns; an example might be a few feet along a boundary line in dispute.

While the Warranty Deed offers the greatest level of protection for the buyer, it is important to note that the Special Warranty Deed and Quit Claim Deed can still be used in many situations. It is ultimately up to the parties involved to decide which type of deed is best for their particular situation. It is important to consult an attorney with experience in real property law about the best deed to use in your situation. 

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