Question 1

What is the difference between a quitclaim deed and a warranty deed?

Accepted Answer

A quitclaim transfers whatever interest the grantor has, with no warranty. A warranty deed promises the grantor holds clear title. You would never take a quitclaim in a market sale; you might use one for a family transfer.

Question 2

Will transferring my home into a trust trigger property-tax reassessment?

Accepted Answer

Usually not, if structured correctly — Florida has specific provisions preserving homestead and Save Our Homes cap for transfers into revocable trusts. We make sure the transfer qualifies.

Question 3

Can I use an online deed form instead?

Accepted Answer

You can buy a blank form online, but filling it out incorrectly creates record problems that are expensive to fix later. Deed preparation is inexpensive through counsel and eliminates those risks.

Question 4

What is a Lady Bird deed and should I use one?

Accepted Answer

A Lady Bird deed (enhanced life estate deed) lets you transfer Florida real property to a beneficiary on your death without losing control during your life and without going through probate. You can sell, mortgage, or revoke without the beneficiary's consent. It is one of the most useful planning tools in Florida — but it is not right for every situation. We talk through the trade-offs with each client.

Question 5

How long does it take to record a deed in Miami-Dade?

Accepted Answer

Once we deliver an executed and notarized deed to the Miami-Dade Clerk, electronic recording typically posts the same business day or next morning. Other Florida counties vary — some up to 5 business days. We confirm recording for every transfer.

Question 6

What documentary stamp tax applies to a deed transfer?

Accepted Answer

Florida charges $0.70 per $100 of consideration on most deeds (Miami-Dade has a slight surtax for non-single-family transfers). Transfers between spouses, transfers into a wholly owned grantor trust, and certain divorce-related transfers can be exempt. We calculate the correct tax and structure transfers to minimize it where legally permitted.

Question 7

Will transferring property into an LLC trigger my mortgage's due-on-sale clause?

Accepted Answer

Possibly. The Garn-St. Germain Act protects certain transfers (notably to a revocable trust where the borrower remains the beneficial owner) from triggering due-on-sale, but transfers to an LLC are not similarly protected. Many lenders do not enforce due-on-sale on LLC transfers but they have the right to. We advise on whether to seek lender consent first.

Question 8

Can I add or remove someone from a deed without refinancing?

Accepted Answer

Yes — a deed transfer does not affect the underlying mortgage (the loan stays in the original borrower's name). The transfer can change ownership while the loan balance and lien remain. This is common in divorce settlements, family transfers, and trust funding. We coordinate the deed and the related title-insurance and tax considerations.

Deed & Title Transfers

About deed & title transfers

What we handle

Quitclaim deeds

Warranty and special warranty deeds

Corrective deeds

Trust and LLC retitling

Questions we hear

Related services

Estate Planning

Real Estate

Title Insurance

Opinion of Title Letters

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