If I have a quitclaim deed for a parcel of land that was signed and notorized over a year ago, but was never recorded with the county, is it still a legal contract and if it is recorded now will it be valid from the date it was signed or from the date it was filed?
There have been no other deeds recorded so that is not an issue.
Workers' Compensation Lawyer
We are in a a race notice State. This means the first person without notice of any competing claim to record their interest is the owner. Seek some legal guidance.
The answers given are limited to the facts as given and presumed by the answer itself. Without seeing actual written documentation or having a conference to more fully explore the issues, this short answer has only limited application. Make sure to seek legal counsel and provide all documentation to get assistance in making informed legal choices. Bstein@dcfsz.com, 305 377 1505
2 lawyers agree
Social Security Lawyers
An unrecorded deed is effective as to the parties, but not as to the public. The purpose of recordation is public notice of ownership. If the deed is recorded now, but there was a different deed recorded between the signing and recordation of this deed, this deed will be of no effect.
Best wishes for a favorable outcome, and please remember to designate a best answer.
This answer is offered as a public service for general information only and may not be relied upon as legal advice.
Real Estate Attorney
A deed of any kind must be signed before a notary and two witnesses. The execution of the deed, however, does not transfer title; the deed must be delivered to the buyer by the seller. As one of the other lawyers pointed out, if a properly executed deed is delivered but not recorded, it is good between the parties but is not notice to other people. Florida is NOT a race state for recording but is a notice state. While this distinction probably does not impact your case, you should record the deed as soon as possible for your protection. If you are unsure of your rights, you should consult an experienced real estate lawyer in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Estate Planning Attorney
A deed is valid when it has been properly executed by the grantor, delivered to the grantee, and accepted by the grantee. If you never record the deed, it is still valid. The caveat is that by not recording, you leave open a window of opportunity for someone to record a competing deed - which, if they received it without having notice of your prior claim to the property, will mean that you might be out of luck. If you have such a deed, get it recorded at the clerk's office. It won't cost more than a few bucks to do so and puts the world on notice of your ownership interest.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
1 lawyer agrees