Legal Question in Real Estate Law in Florida
I have a corrective quit claim deed. The original quit claim deed was a tenancy by the entireties but it need not included witnesses. The corrective Quitclaim deed filed does not state tenancy by the entireties instead it reads that the Grantor for and in consideration of the sum of ten dollard and other goods and valuable consideration to grantor in hand paid by grantees, the reciept whereof is hereby acknowleded has granted, bargained and quitclaim to the said grantees and grantees heirs, successors and assigns forever the following described land situate, lying in and being in the county of My questions is does the corrective quitclaim deed grant possession to the grantee and if so does the corrective quitclaim deed wipe out the original quitclaim deed?
1 Answer from Attorneys
Quitclaim deeds do transfer possession to grantees for whatever interest the grantor actually had. To be safe though, you should have both deeds recorded and have an attorney check the title of the property. As to whether the corrective deed wiped out the original, that can only be answered by a review of the deeds themselves; however, in general, corrective deeds only amend a specific part of the original deed. Again, it depends on the actual language in the deeds. On a side note, tenancy by the entirety is only available to a husband and wife, i.e. it is a tenancy by the entirety if it was granted to you and your spouse.
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