A quitclaim deed is a legal document used to transfer the title of a property from one person (the grantor) to another (the grantee). If the grantor is the property’s legitimate title holder, the quitclaim deed will transfer the title to the grantee.
Conversely, if there are title encumbrances or no ownership at all, the quitclaim deed is ineffective. Is it possible to reverse a quitclaim deed in Florida? Keep reading to find out.
What is a Quit Claim Deed? – The Fundamentals
When signing a quitclaim, the grantor transfers whatever title he or she owns in a property to a grantee. If someone accepts to act as the grantee in this type of transfer, that person is accepting that:
- The grantor is not guaranteeing he or she actually owns the property
- The grantor is not guaranteeing he or she has a valid claim to any part of the property
- The grantor is not guaranteeing which type of ownership he or she has
- If the grantor has any ownership claims to the property, he or she is conveying it to the grantee
In essence, quitclaim deeds were not designed to convey any type of ownership of property. Unlike a warranty deed or other deed types, it does not contain any covenants of title. A quitclaim deed offers no guarantee that:
- The grantor owns the interest in the conveyed property
- No restrictions or limitations hinder the grantor’s ability to convey the property to the grantee
- No undisclosed encumbrances are attached to the title of the conveyed property (e.g., mortgage liens, judgments, unpaid tax liens, etc.)
- The grantor ensures the grantee’s use, possession, and enjoyment of the conveyed property will not be disturbed by title defects
- The grantor will defend the grantee’s rights against title defects and third party’s claims against the property
When the grantee signs a quitclaim deed in Florida, he or she is agreeing to receive whatever interest the grantor is conveying in the document.
This type of deed does not offer liability protection for grantees. If a grantee suffers damages from title defects, he or she cannot file a lawsuit against the grantor who conveyed the property through a quitclaim deed.
Can a Quit Claim Deed be Reversed in Florida? – An Honest Answer
Under Florida law, it is possible to reverse a quitclaim deed. The first way to cancel a quitclaim deed is to draft, sign, and record a new deed transferring the property back to the grantor.
As quitclaim deeds are generally used in property transfers involving family members or persons who trust each other, both parties may consent to use a new deed to reverse the document.
If the parties involved do not agree to execute and record a new deed, the party interested in reversing the deed must consult with an expert Florida attorney to review the document. The attorney will look for execution mistakes or procedural errors that may invalidate the deed.
As long as there are legal grounds to reverse a quitclaim deed based on its invalidity, the interested party may file a lawsuit in court to revoke the document.
If there are no validity issues, it may be possible to overturn the deed based on grounds of undue influence or the grantor’s incompetency. Consult with an expert attorney to identify the accurate strategy for your case.