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In Florida, anyone who wants to own or possess real estate (land with or without improvements) must do so in writing by way of a Deed. The validity of that Deed will depend upon the language contained therein as well as technical issues, like signing, witnessing, notarization, etc.

There are several kinds of deeds recognized in Florida, including a general warranty deed and a special warranty deed.

The most common deed in Florida is a quitclaim deed.

What is a Quitclaim Deed?

Pennsylvania is divided into 67 recorder districts with an elected Recorder of Deeds responsible for each office. Documents related to the ownership of real estate within the district are recorded at the Recorder of Deeds. Recorded documents are assigned a sequential identifying number (known as the book and page number) and are then scanned. A quitclaim deed is a legal document used to convey an interest in real property. It must be in writing and it must contain certain elements, as outlined in Florida Statute Section 695.26: “Prepared by” statement (name and address of the “natural” person preparing the Deed) Grantor (s) (Sellers-Party Giving Title) names legibly printed. Oct 23, 2014 The Condominium Association acts through its board of directors, the Condo Board. The condominium can be self-managed, or the Condo Association can hire a third party manager to manage things. If there are over 10 units or an annual budget exceeding $100,000, then Florida law requires that this manager be licensed by the State of Florida as a. COVID-19 Known State Closures / Delays. As you know, jurisdictions are in varying phases of reopening. Many secretary of state offices are now operating with limited staff and delayed processing. However, CSC has established electronic filing with most jurisdictions, as well as processes to manage your corporate filings, transactions,.

Under Florida law, a quitclaim deed is a deed that transfers the least amount of protection to a transferee or grantee. In a quitclaim deed, the only interest being transferred to the grantee is whatever interest the transferor or grantor has in the subject property.

Essentially, the grantor transfers and releases all right, title, and interest, or claims the grantor has in the land to the grantee. There are no warranties in these deeds. In other words, there is no guarantee that the property is not subject to any liens or encumbrances or even that the grantor has the right to transfer the real estate. Zurstrassen v. Stonier, 786 So. 2d 65, 71 (Fla. 4th Dist. Ct. App. 2001).

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Which means quitclaim deeds leave the grantee vulnerable to all sorts of legal issues down the road, something we discussed before in our informative article titled Quitclaim Deed Lawsuits.

Forged Quitclaim Deeds

Directx 11 download windows 7 32 bit chips. Unfortunately, forged quitclaim deeds are a real problem here in the Sunshine State. Under Florida case law, the act of “forgery” involves either a material alteration to a valid deed or creating an entirely false deed outright.

Why bother? The motivation for forging deeds is simple: the person wants to fool someone, usually a bank (the wrongdoer will get a cash out mortgage from an unsuspecting bank and steal the equity from an innocent homeowner). Forged deeds are often valid legal documents that have been tampered with, or “altered.” Tampering with valid deeds is perhaps easier than creating an entire forged deed from scratch.

No matter. Under Florida law, if someone erases or substitutes a name in a deed that is just as much a forgery as if they had faked the signing of someone’s name in the first place. Mann v. Mann, 677 So. 2d 62 (Fla. Dist. Ct. App. 1996).

For example, in the Mann case, a Florida property owner’s ex-wife altered the deed to the land by “whiting out” his mother’s name as grantee and replacing it with their parties’ names. She then recorded that altered deed.

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Later, the ex-husband went to court arguing that his ex-wife had altered and recorded the deed without his knowledge or consent in order to covertly procure a joint interest in the property. The ex-wife argued she did the “whiting out” on the valid deed at the request of her ex-husband, because it would save him money (avoiding payment of documentary stamps). Neither challenged that the original deed had been “whited out” with the mother’s name being removed.

The court held it was a forged deed. This is because “… any alteration of the deed by erasure or substitution of the name of the grantee is a material alteration and forgery … [and] is absolutely void and wholly ineffectual to pass title….“

Forged Deeds Are Worthless (No Legal Value)

Forged deeds are worthless. In legal terms, a forged deed is “void.”

By law, the forged deed cannot create legal title. It cannot provide any legal protections to those who want to claim rights or interests because of it.

Forged quitclaim deeds do not pass any title or legal interest in the property. They create no rights or interests in any asset or landholding whatsoever. See, e.g., Mann 677 So. Adblock plus ie 11 windows 7 download. 2d at 63.

What About Innocent Purchasers?

What about if the person who buys the real estate is an innocent victim of the falsehood? What if they are an “innocent purchaser” of the property?

Florida law is clear here: the forged quitclaim deed is worthless. It does not pass any legal title even if the person who buys the property is an innocent purchaser. Security Trust Co. v. Calafonas, 68 So. 2d 562 (Fla. 1953).

And recording a forged deed does not change its status and make it valid. Wright v. Blocker, 144 Fla. 428, 198 So. 88 (1940).

Generally speaking, this is true even if an innocent purchaser is involved and it doesn’t matter if the innocent purchaser suffers great financial harm as a result.

The Florida Supreme Court has held, and reaffirmed, time and again: the forged deed cannot provide any legal protection to those claiming under it, no matter how innocent they are to the fact that the deed is a forgery. See, e.g., McCoy v. Love, 382 So.2d 647, 648 (Fla.1979); Reed v. Fain, 145 So.2d 858 (Fla. 1962); Wright v. Blocker, 144 Fla. 428, 198 So. 88 (1940).

However, there may be some circumstances where the rights of an innocent third party may be protected even if he or she was the victim of a forged quitclaim deed. Countrywide Funding Corp. v. Palmer, 589 So. 2d 994 (Fla. Dist. Ct. App. 1991).

In some situations, more than one victim may be involved in the fraud. Here, the court will consider the innocent parties who are victims of forgery and fraud. In this situation, the law holds that the “least innocent” should suffer, but not the “more innocent” victim.

Who is the “least innocent” here? It is the one who could have prevented the misdeed. Id.; see Jones v. Lally, 511 So.2d 1014 (Fla.2d DCA 1987),rev. denied,519 So.2d 987 (Fla. 1988).

The example in Palmer involved a mother who bought property here in Florida and put the title to the real estate in both her name and her son’s name. They were joint tenants with the right of survivorship (JTWROS).

As JTWROS, her son could convey his interest if he chose to do so. The son wanted to sell the property (instead of stealing the property, he could have partitioned it and saved himself a big headache).

So, he forged a quitclaim deed that purported to transfer his mother’s interest in real property to him. This ended the

Free Florida Quit Claim Deed Pg.2 11-12 For Windows Only