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Florida transfers of property

When a property owner sells his or her real estate to another person, the process involved is a legal one requiring several steps. The legal transfer of property is called conveyancing, and the transaction requires multiple documents that must be completed, filed and recorded correctly to avoid defects in title.

Property is transferred through a deed, which is an instrument that identifies the property, the buyer and the seller. The deed must be signed by the grantor of the property, and his or her signature must be notarized. Most commonly, deeds will be either warranty deeds, which both transfer title and warrants that the grantor holds an unencumbered title. Another type of deed is the quitclaim deed, which is used to clear title problems.

When two people are purchasing a property together, they will often choose to take title as joint tenants or as tenants in common. Joint tenants have the right of survivorship should the other owner die, while tenants in common does not include this type of transfer. When a tenant in common dies, their property interest will pass to their heirs rather than to the property's co-owner. After determining the type of deed and the form of title, people must then properly record the deed and any mortgage in the county in which the property purchase occurs.

Residential real estate transactions are quite common, but it is highly important that all of the assorted documents are drafted appropriately and recorded properly. It can be very expensive for a homeowner to later find out his or her title has problems. People who are preparing to purchase a new home may benefit by seeking the help of a real estate attorney. An attorney may be able to help research the title history, draft and review documents, and ensure everything is appropriately recorded.

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