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A Florida warranty deed is a legal instrument that transfers real estate ownership while providing the highest level of protection to the buyer. The seller (grantor) legally guarantees that they hold clear title, have the right to convey it, and that the property is free of undisclosed liens. If a title defect from the property's history is discovered later, the buyer can hold the seller liable.
A Florida warranty deed holds the seller financially responsible for any past title defects, providing the buyer with maximum protection. In contrast, a quitclaim deed offers zero protection, as the seller only transfers their current interest without any guarantees.
Florida is one of only a few states (along with Kentucky and South Carolina) that requires two subscribing witnesses in addition to a notary acknowledgment. The witnesses must be adults who personally observe the grantor sign the deed and then sign the deed themselves. This requirement is set by Florida Statute 689.01 and applies to all deed types.
Yes. A warranty deed in Florida can be challenged on grounds including fraud, forgery, duress, undue influence, lack of capacity, or improper execution. Florida's homestead protections add another layer — if a homestead property was conveyed without the spouse's signature, the deed may be voidable.
You must take the original, notarized deed to the County Clerk of Circuit Court in the jurisdiction where the property is physically located and pay the required recording fee.
No, a deed only transfers the property title. It does not eliminate your financial obligation to pay an existing mortgage. You remain responsible for the loan unless the lender explicitly agrees to a refinance or assumption.
Yes, you can draft your own deed as long as it strictly adheres to Florida's legal requirements for formatting, legal description, and notarization.
