Deed Questions

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Joint Tenancy (joint tenants with right of survivorship): Allows for two or more owners to share ownership of the property. In this arrangement, if one owner passes away, the remaining owner automatically retains full ownership, while the deceased owner's estate and heirs receive no claim to the property. The surviving owner can easily remove the deceased owner's name from the title by presenting a death certificate.   

Tenancy by the Entirety: This form of ownership is specifically for married couples, allowing them to hold property as a single legal entity. In this case, a creditor cannot seize the interest of one spouse to satisfy debts; only creditors of both spouses can claim the property interest.   

Tenancy in Common: When two or more individuals own property as tenants in common, each person holds a distinct percentage of ownership. These percentages can vary and are based on the amount each owner contributed to the property's purchase. 

The legal description of a real estate parcel is a detailed account of the property found in public records, developed over time through the chain of title. This description is essential for the transfer of ownership. It is important to note that the legal description differs from the street address and is not the simplified version typically seen on property tax bills. A deed preparer must always utilize the legal description as it is stated in the previous deed, unless the property being transferred is a partial or otherwise distinct portion from what is outlined in that earlier deed. 

Counties typically require an average of 2 to 4 weeks to process and return recorded deeds and documents. We understand the procedures followed by the counties for recording and provide specific instructions to ensure your recording is completed promptly. Please note that if you desire an expedited closing, an additional fee will apply. 

The deed may say that the property is to be owned by the two Grantees as joint tenants with the right of survivorship. If this form is used, immediately on the death of one of the Grantees, the other surviving Grantee automatically owns the entire property, regardless of what the deceased Grantee's will may say. Recording the death certificate in the public records of the county of the property will provide proper evidence that the entire property is owned by the surviving party. 

A Quit Claim Deed for a timeshare does not provide any warranties or assurances regarding the quality of the seller's interest in the property, the existence of liens, or claims from other parties. It is applicable when no compensation is exchanged for the property or when it is given as a gift. 

Conversely, a Warranty Deed conveys all rights from the seller to the buyer, with the seller making specific warranties or promises. The seller guarantees their legal right to sell the property and assures them that it is, or will be, free from any liens or claims by third parties. 

This clause is commonly found in timeshare agreements for valid reasons. There exists a slight chance that, over time, the resort may deteriorate, become too costly to maintain, or the surrounding area may decline. More likely, however, the real estate could appreciate significantly in value. The deed includes a stipulation that at a designated future date, a vote will be held to determine whether to maintain the timeshare ownership. Ownership is perpetual, and all rights associated with it remain unchanged; it is and will always be a deeded property. Should the decision be made not to continue with the timeshare arrangement, the property will be sold, and the proceeds will be distributed among the owners. 

While a deed does not have to be recorded to be legally valid, failing to do so poses significant risks. If the deed remains unrecorded, the Grantee's name and rights will not be reflected in the public records of the county's chain of title. This lack of documentation may lead to situations where other parties act without awareness of your ownership rights. For instance, if the grantor incurs a lien against their property after you have received your deed, the question of whether that lien affects your property may arise due to the lack of recording. Additionally, a dishonest grantor could issue another deed for the same property to an uninformed third party. To safeguard the Grantee's rights, it is highly recommended to record the deed appropriately.   

In Florida, for instance, it is required that the deed be recorded in the county where the property is situated. The Clerk of the Circuit Court is the agency responsible for this recording process. The Clerk's office performs various functions and typically has a dedicated department for managing the recording of legal documents, including deeds. 

A deed is a legal instrument that facilitates the transfer of specific rights in a parcel of real estate from one individual or entity to another. It is utilized in all transactions involving the purchase, sale, gifting, or other transfers of real estate.