In the state of Florida, quitclaim deeds are one of the most popular ways to transfer interest in a piece of property. An individual who signs a quitclaim deed transfers whatever interest that person has in the property to another individual. Unfortunately, given their expansive nature, quitclaim deeds frequently lead to lawsuits.
Florida Law and Quitclaim Deeds
In accordance with Florida law, a person who grants a quitclaim deed does not claim that the ownership being transferred is valid or free from defects. Instead, a grantor passes any interest that he has has in a property through a quitclaim deed. Additionally, a person who grants a quitclaim deed does not provide any warranties associated with a grant of title.
Common Types of Quitclaim Lawsuits
In the state of Florida, quitclaim lawsuits tend to arise in one of several ways, which include the following:
- A person who purchases a fee simple interest in Florida requires a clear title to property, which means that real estate records are not required to have any clouds on title. If a property lacks a clear title, often it becomes necessary to file a lawsuit to gain one. During this process, a judge’s determination of title will be written to address the controversy and establishes a party’s title to real estate.
- In the state of Florida, reformation is a legal remedy during which a judge issues an order on behalf of a party seeking to clear title. Deed reformation lawsuits are capable of addressing mistakes in quitclaim deeds so they reflect the accurate terms between parties to the transaction.
- When a quitclaim deed is the way in which a person obtains ownership to a property, it is often important to initiate a lawsuit to sever or partition the interests of the property owner. During a partition lawsuit, a judge signs a judgment requiring the sale of the property and divides the proceeds among the owners according to their percentage interest.
Other Issues that Result in Quitclaim Lawsuits
There are a number of issues that commonly arise concerning quitclaim deeds. Some of the issues include:
- Quitclaim deeds are capable of conveying only that which the property owner has the lawful ability to convey. A grantor, however, may or may not have any legal title or interest in a property. When a quitclaim deeds appears in a chain of a title and there is not a connection to any other document in the chain of title, the deed should be closely examined and a determination should be made if the lawsuit is necessary to address the deed.
- Real estate records in Florida serve to provide notice of all of the property located within the state. When an individual dies, the death should not impact any recorded documents in a land record provided that the grantor was not susceptible to duress.
Speak With an Experienced Property Lawyer
If you have questions or concerns about how to properly transfer property, you should not hesitate to speak with a knowledgeable attorney. Contact the Adam Law Group today to schedule an initial free case evaluation. We have substantial experience helping Florida property owners and will remain committed to making sure that your case proceeds smoothly.