Legal Question in Real Estate Law in Florida

Re: agreement for deed

If the promissory note to the seller has been paid in full, then -- by the terms of the Agreement for Deed -- the seller should provide you with a deed as you direct. The Agreement for Deed should provide directions on how to request deed.

Re: agreement for deed

Assuming that agreement was a mortgage or promissory note between you and your parents, then most likely all that needs to be done is a new deed. The Grantors need to be you and your parents. The Grantee will be just you. You all need to execute it at the same time in the same place and it needs to be witnessed by two independent witnesses. The form of the deed can be a Quit Claim Deed, Warranty Deed, or Special Warranty Deed. I recommend consulting a local attorney take care of this for you.

Re: agreement for deed

Prepare a Quitclaim deed from your parents to yourself, get it signed, notarized and recorded. Call a local title company for the form, or you can get one downloaded on line from a local title insurance company.

Givent that you are a homeowner and your parents are obviously of some means, I suggest you get and read my book "How You Can Protect Your Loved Ones in the Event of Death or Disability (Without Paying a Legal Fees}" Not only does it explain virtually everything you need to know in plain English, but it contains in the Appendix a copy of the Legacy Living Trust Package. This is a complete trust package for the Middle Class including a Living trust for single or for married people, a durable general power of attorney, an advance healthcare directive, an Abstract of Trust, all necessary transfer documents and instructions. Having taught literally hundreds of seminars to thousand of regular middle class people, I have learned how to answer the most important questions in language understandable to all. Having learned over 30 years that most people that go to an attorney to pay $1200 or more for these documents don't understand the language in the unnecessarily complicated documents, don't understand what they are doing and why, and ofen make common but avoidable mistakes, I created the Legacy Living Trust Package.

You can order the book on-line at Amazon.com, but, it is better to order at www.IWant2CreateMyLegacy.com. If you order there, you will get a free special report entitled "The Seven (7) Most Common Mistakes Made by the Middle Class in Planning For the Inevitability of Death and the Likelihood of Disability, and How to Avoid Them." This report alone could save you and your family hundreds of times the cost of the book.

Agian, the book is, to my knowledge, the only one written for regular people in the middle class, and it contains in an appendix the Legacy Living Trust Package, which to my knowledge is the only complete fill-in the blanks trust package written in simple English ("People Ease", not "Legalese") that will be valid in every State in the US.

Also get one for your parents. It will save the family lots of grief.

Re: agreement for deed

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

While this seems to be a relatively easy matter to resolve by the execution of a deed which you might prepare yourself, it would be wise to pay the small fee to have it done correctly by an attorney. A simple mistake can cause severe repurcussions in the future when you go to sell the property. Also, the recording of the deed will possibly trigger the reassessment of your house for tax purposes and homestead exemption which cannot be explained by a book written by a non licensed person who is not familiar with Florida law. this could be a very costly mistake if not handled properly.

Scott R. Jay, Esq.