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LawTalk
LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I want to file a Quitclaim Deed in the state of Florida. I

Customer Question

I want to file a Quitclaim Deed in the state of Florida. I have the form, but do not know the process. The form is already signed and notarized, now I need to know what I have to do and how much it will cost to file wherever
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good morning,

I'm sorry to hear of your dilemma.

Is the deed properly filled out and signed---or is it blank with just a signature?
What is the relationship between the owner and the person they are transferring the property to?

Doug
Customer: replied 2 years ago.
The deed is properly filled out and signed. I only need to know what I have to do with it
Expert:  LawTalk replied 2 years ago.
Good afternoon,

You need to take the original of the property enforced quit claim deed to the court clerk's office in the Florida county where the property is located and present it to the Clerk of the court, Recording Office for filing.

Once it is filed, the transferee will be the new lawful owner(s) of the property.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
Customer: replied 2 years ago.
do you have any idea as to how much it can cost aproximately and how long does the recording take
Expert:  LawTalk replied 2 years ago.
Good afternoon,

There was a reason I asked you: What is the relationship between the owner and the person they are transferring the property to? If you can answer that question for me, I can better answer this question.

Also, was the person to who the property being transfered already on the deed---or married to the other party?

Doug
Customer: replied 2 years ago.
My husband is on the mortgage and on the title of the house. I am not on the mortgage, but I believe we are both on the title because I am married to him.

He now wants to transfer the property solely to me.

So we filled out the quitclaim deed and we need to know where to take it and how much will it approximately cost to file. How long something like this might take.

Also when the new title is mailed to me can it be mailed to my residence in NY. Even though I am showing that I also have residence in Florida.
Expert:  LawTalk replied 2 years ago.
Good afternoon,

That is what I needed to know. Thank you!

As a general rule there will be a Documentary Transfer Tax assessed which each transfer of real property

Documentary stamp tax is imposed under section 201.02, Florida Statutes (F.S.), on documents that transfer interest in Florida real property. The tax rate is $.70 per $100 (or portion thereof) of the total consideration paid, given, or to be paid or given, for the transfer---or in the event of a gift, the amount is based on the property value.

Miami-Dade County is an exception, where the rate is $.60 per $100 of consideration (or portion thereof) when the property is a single-family dwelling. If the Miami-Dade property is anything other than a single-family dwelling, the tax rate is $.60 plus $.45 surtax per $100 of consideration (or portion thereof).

However, a document---such as a quit claim deed---- that transfers an interest in real property between a husband and wife is subject to documentary stamp tax only if the property is mortgaged. Tax is generally due on one-half of the outstanding balance of the mortgage(s) encumbering the property. Tax is not due if the property is not mortgaged and there is no other consideration or if the marital home is transferred between former spouses due to a divorce.

I wish you the best in 2011.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug
Customer: replied 2 years ago.
I am more confused. So I have to pay$77,000 before the house gets transferred to me
Expert:  LawTalk replied 2 years ago.
I apologize if you are confused. I am noit trying to confuse you. Perhaps I can make things more understandable.
1. Is there a present mortgage on the house?
2. If so, how much?

3. If you are paying him any money for the house---how much are you agreeing to pay
Customer: replied 2 years ago.
Yes. The first mortgage has a balance of 110,000
The 2nd mortgage has a balance of 12,000

He just wants to transfer the house to me. No money involved. Just wants title solely in my name.
Expert:  LawTalk replied 2 years ago.
Thank you.

Under FL law, even though he wants to give you the property, Florida will charge a Documentary Stamp Tax on 1/2 of the outstanding mortgages, and you should expect to have to pay a tax of 70 cents per $100 of that 1/2 of the mortgages.

This means that your documentary stamp tax liability should be $427.00.

The clerk can sent the copy of the new Deed to where you want it sent.

I wish you well.

Please, remember that I only receive credit for helping you when you Accept my answer. Until then your payment is simply held by JustAnswer.com and not shared with me. So, please click the ACCEPT icon if my Answer has been informative, and helpful to your understanding of the law. Thanks again.

Doug

LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 27889
Experience: I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
LawTalk and 9 other Real Estate Law Specialists are ready to help you
Expert:  LawTalk replied 2 years ago.
Thank you for your accept. It is very much appreciated.

In follow up, here is a site that might be of use to you:

http://dor.myflorida.com/dor/tips/pdf/tip08b04-01.pdf


Doug

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