September 25, 2020

Know Your Deeds

Real Property Deeds! What You Need to Know.

The deed to your house is the official document stating who has ownership interest in a certain piece of real property. In Florida, real property deeds are recorded in the public records of the county in which the property is located. Each Florida county has a free search engine for public records wherein you can search by name of Grantor or Grantee, Document Type or by Book/Page. Alternatively, all counties maintain a Property Appraisers website that allows you to search for a property by owner name, address, subdivision, or property ID. Below you can find links to each counties search engine.

There are different types of deeds that vary according to what the grantor can convey, what the grantor wants to convey, and what warranties the grantor can or wants to include in the deed.

The most common types of deeds include:

General Warranty Deeds
Deeds with Limited or no Warranties
Special Warranty Deeds
Bargain and Sale Deeds
Quitclaim Deeds
Deeds Held by Trusts
Deed of Trust
Reconveyance Deed
Trustee’s Deed
Deeds executed by Courts
Administrators Deeds
Executor Deeds
Master Deeds
Sheriff’s Deeds

Special deeds that serve a particular purpose:

Correction deed
Deed to Release

General Warranty Deeds.

These deeds provide the greatest conveyance and protection to the grantee because of the covenants that the seller conveys with the title. The warranties of title include:

Present Covenants:

Covenant of Seisin – wherein the grantor warrants they own the property and has the legal right to convey it.
Covenant of Right to Convey – wherein the grantor represents that they have valid title of the property being conveyed and has not contracted to sell it to another.
Covenant Against Encumbrances – wherein the grantor warrants that the property is free and clear of liens or encumbrances, except as specifically stated in the deed.

Future Covenants:

Covenant of Quiet Enjoyment – wherein the grantor guarantees that their title is superior to any other claim by 3^rd
Covenant of Warranty – wherein the grantor promises to protect the buyer against anyone who comes along later and claims paramount title to the property.
Covenant of Further Assurances – wherein the grantor promises to deliver any document necessary to make the title good.

Special Warranty Deeds. These deeds guarantees less than the general warranty deed, wherein the Grantor provides a warranty that no damage or defect occurred while he or she owned it, but does not need to make any guarantees against what might have occurred to the property before he or she came to own it.

These deeds are frequently used by temporary holders of real estate, such as trusts, or property acquired through foreclosure who do not use or occupy the land for their own benefit.

Bargain and Sale Deeds. These deeds give no protection to the Grantee and have no warranties. It is implied that the Grantor has full title to the property. This type of deed sometimes id used in foreclosure and tax sales.

Quitclaim Deeds. These deeds carry no warranties at all. A quitclaim deed only conveys the interest that the Grantor had in the property, whatever that interest may be.

These deeds are used in cases where the Grantor does not want to assume further liability or does not want to guarantee title. More commonly used when a family member transfers title to another family member or Grantor is not conveying all of his or her rights.

Deeds held by Trusts

Since the Florida Land Trust Act provides that property can be conveyed to a land trust for the benefit of its beneficiaries, three types of deeds are associated with this transfer.

Deed of Trust. These deeds convey title from a trustor to the trustee of the land trust for the benefit of the beneficiaries.
Reconveyance Deed. These deeds convey title from a trustee of a land trust back to the trustor.
Trustees Deed. These deeds are deeds executed by a person serving as a trustee in their appointed capacity and convey the property out of a trust. Used in foreclosure situations.

Deeds Executed by Courts – Florida

These deeds are a result of a legal process executed without the consent of the owner, or through a will. State law governs these deeds and state law governs their form.

1.Alachua: http://isol.alachuaclerk.org/RealEstate/SearchEntry.aspx

2.Baker: https://publicrecords.onlinesearches.com/FL_Baker.htm

3.Bay: http://records2.baycoclerk.com/Recording/search/index?theme=.blue&section=searchCriteriaName&quickSearchSelection=

4.Bradford: https://publicrecords.onlinesearches.com/FL_Bradford.htm

5.Brevard: http://web1.brevardclerk.us/oncoreweb/search.aspx

6.Broward: https://officialrecords.broward.org/AcclaimWeb

7.Calhoun: https://publicrecords.onlinesearches.com/FL_Calhoun.htm

8.Charlotte: https://publicrecords.onlinesearches.com/FL_Charlotte.htm

9.Citrus: http://search.clerk.citrus.fl.us/LandmarkWeb/home/index

10.Clay: https://landmark.clayclerk.com/landmarkweb

11.Collier: https://publicrecords.onlinesearches.com/FL_Collier.htm

12.Columbia: https://publicrecords.onlinesearches.com/FL_Columbia.htm