The process required to buy a property in Miami-Dade County does end when the buyer pays the agreed-upon amount to the seller. Without a properly drafted deed, it is not possible to transfer ownership of property – even if you pay the full amount for the property and fulfill all contractual obligations.
In this article, you will a full walkthrough on the process to file a quitclaim deed in Miami Date County.
What is a Quit Claim Deed? – Understanding the Concept
Depending on the language used in the document, a deed can impact a buyer’s ownership of a property in different ways. The standard type of deed used in most Florida real estate transactions is the general warranty deed.
This type of deed has language ensuring that the individual transferring the property is the legitimate owner and has the right to do so. Additionally, the document guarantees the title is fully clear of encumbrances, liens, and unresolved claims.
A variant of general warranty deeds is the special warranty deed. When a person transfers a property using a special warranty deed, the buyer has the same guarantees of a general warranty deed within a limited scope, as it covers only the period that the seller owned the property.
On the other hand, quitclaim deeds offer the least amount of protection. Generally used between family members or parties who trust each other, this type of deed offers no guarantees about a property’s title.
While quitclaim deeds can be useful tools in certain transactions, it is important to consult with an expert title attorney to identify whether it offers a safe solution for your case.
How Do I File a Quit Claim Deed in Miami Dade County? – In Detail
In Miami-Dade, the County Recorder’s Office is responsible for recording, protecting, and preserving official records. After a quitclaim deed is properly drafted, filled out, and signed, one of the interested parties in the real estate transaction must record the document.
When visiting the County Recorder’s Office website, the page expressly states that the office is not “permitted to give legal advice and suggests you consult an attorney for any such questions.”
Also, they clarify that “fees, mortgage taxes and real estate transfer taxes are computed and collected at the time of recordation.”
The Miami-Dade Office offers three options for recording documents in the official records, which are:
- Delivering the original documents personally
- Submitting the original documents by mail to the Office of County Recorder’s address, or
- Recording the documents (eRecord) through one of the several approved vendors available
The quitclaim deed must have the address of both parties involved in the transaction. The introductory language must include “prepared by” followed by the individual name and address of the party responsible for drafting the deed.
Once it is properly filled out, the seller must sign the document with two witnesses not related to the transfer. The document submitted for recording must be original with a full notary acknowledgment.
Do You Want to File a Quitclaim Deed in Miami Dade County? – Immediately Seek Expert Legal Guidance
Failing to properly record a quit claim deed will likely result in issues with the title of a property. Waste no time with uncertainty – contact Florida Attorney Romy B. Jurado by calling (305) 921-0976 or emailing [email protected] for expert legal guidance when filing a deed.
