Real Estate Title Search
Real Estate Title Search Attorney, Markeishia L. Smith: Serving Winter Haven, Lakeland, Bartow, Haines City, Polk County, and Central Florida.
Call (863) 866-9917 today to schedule a confidential consultation with real estate title search attorney, Markeishia L. Smith.
Anyone that is buying any piece of property in Florida should have a title search conducted for the property they are interested in. A title Search involves going into the "Grantor - Grantee Index" to trace every single transfer of a particular land parcel.
The reason this is important is, if you purchase a piece of property from someone and they give you a quick claim deed, you only have the rights that that particular person or entity has. For example: If someone's brother gives you a quick claim deed for his mother's property and his sister owns 50% of the property, the brother is actually only giving you ownership of his 50% of the property, and his sister still owns the other 50% stake in the property. Without a Title Search on the property, you would have thought that you own the whole property, when in reality, you only own 50% of the property.
In the State of Florida, the buyer of the property is legally assumed to have conducted a Title Search. This essentially does not leave you with a defense for legal recourse regarding property disputes.
If you are interested in a particular piece of property, ALWAYS have a title search conducted on that property. This will show all red flags, give you firm legal standing in property disputes, and give you the opportunity to back out of buying a piece of property that you may not be able to convince all parties with legal claim to the property to sell.
QUICK CLAIM DEED: In the State of Florida, a Quick Claim Deed is the easiest way to transfer land. You must have two witnesses that have to sign in the presence of each other, and in the presence of the Grantor (the person that is giving away their interest in the property). You must also have "Consideration." Consideration can be any sum of money. As long as these elements are met and the Grantor is not deemed incompetent, then the deed transfer is legal.
WARRANTY DEED: A Warranty Deed guarantees and assures the party selling the property has the marketable title. The only way you would know if that party has the marketable title is if you conducted a title search. With a warranty dead, if someone misrepresents having the marketable deed, you may seek compensation from that party through civil litigation. The reason this is possible with a warranty deed, and not a quick claim deed is because of the legal assurance that is attached to the Warranty Deed.
If you have questions regarding Real Estate Title Search legal needs, contact our office today.