Quit claim deeds are legal documents used to convey property ownership. They should be filed on record with the clerk or recorder for the county where the property is located. The clerk's office assesses a filing fee, or recording fee, on all documents submitted for recording. Florida minimum recording fees are set by state law, and individual counties have the right to charge extra fees.
Quit claim deeds act to convey property ownership rights from one party to another. This type of deed is commonly used between family members when a property changes hands and is not actually sold. The quit claim deed does not offer the grantee a warranty that the grantor holds a free-and-clear title or has the right to convey the property. For this reason, they are often used to add or remove related parties from the title, such as after a marriage or divorce.
Most quit claim deeds contain essentially the same information. Certain state laws may require additional information. Florida law requires that all quit claim deeds contain the fulls names and mailing addresses of all grantors and grantees. Also, the name and address of the person who prepared the deed should be listed. A complete legal description of the property being conveyed must be included. An additional Florida requirement is that the first page of a deed must have a 3-inch blank space in the upper right corner. The clerk will stamp recording information in this area.
Florida requires only the grantors to sign a quit claim deed. All grantors listed on the deed must sign. The signing should take place in the presence of a notary public and two additional witnesses. The witnesses should sign next to the grantors and type or print their names below their signatures. The notary public must complete the acknowledgment section and stamp his seal.
When the deed has been completed and signed, it should be presented to the county clerk to be recorded. Florida clerks generally accept deeds through the mail or in person at the courthouse or clerk's office. When the deed is presented, the filing fee and any transfer taxes are due. The base filing fee for Florida quit claim deeds is $6 for the first page, and $4.50 for each additional page. However, individual counties can asses extra fees and charges. If transfer tax is due, it is equal to 70 cents per $100 of the consideration listed on the deed. Most quit claim deed transactions do not involve the transfer of money, so tax is not always applied. Contact the county clerk of the circuit court to check the filing fee before submitting a deed.