Blog Archives

Promissory Note, Mortgage, and Deed

Practicing law in Southwest Florida, especially in this day in age, I find myself routinely explaining the differences between a Promissory Note, Mortgage, and Deed. This week, I will briefly review each of these documents as well as their legal effect.

First, a Deed is the legal document that is used to transfer ownership of real property. In Florida, it must be written, signed, and witnessed by two individuals. Every Deed should be recorded in the public records in the county where the property is located. The recording of the Deed notifies the world that you are the owner of the property. An unrecorded deed is vulnerable to being lost or destroyed, being made invalid, or made subordinate to any future lien that may be placed against the property. Read the rest of this entry

Promissory Note, Mortgage, and Deed

Practicing law in Southwest Florida, especially in this day in age, I find myself routinely explaining the differences between a Promissory Note (Note), a Mortgage, and a Deed. This week, I will briefly review each of these documents as well as their legal effect. Read the rest of this entry

FLORIDA DEEDS PART III – QUITCLAIM DEED

Over the past few weeks we have discussed some of the most common types of deeds used to transfer ownership of real estate in Florida. One of the most common deeds is that of a “Quitclaim” Deed; it is not “Quick Claim,” or Quit Claim.” The proper legal term is “Quitclaim”, one word. Read the rest of this entry

FLORIDA DEED’S PART I – All deeds are not created equal.

Buying a home is a stressful situation in its own right. In between trying to find the right home, in the right neighborhood, for the right price, the type of deed used to transfer ownership of the property often becomes an afterthought. Whether you obtain title by a General Warranty Deed, Special Warranty Deed, or Quitclaim Deed should be an important consideration when purchasing a home. The type of deed used in a real estate transfer is important because it dictates what guarantees, if any, the buyer is receiving from the seller. Read the rest of this entry

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