Legal Question in Real Estate Law in Florida
Quit Claim Deed - DR-219
When my father died, his estate went through intestate probate and his house went to his five children (myself included) because my mother's name was not on the deed. The five of us have executed quit claim deeds back to my mother that need to be recorded. One of my siblings has the mortgage in her name. How do we fill out the DR-519 if no money is changing hands and only one of us is on the mortgage? Finally, do we have to pay doc stamp taxes to record?
3 Answers from Attorneys
Re: Quit Claim Deed - DR-219
if their was no consideration paid, there should be no doc stamps fee.
Re: Quit Claim Deed - DR-219
if their was no consideration paid, there should be no doc stamps fee.
Re: Quit Claim Deed - DR-219
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.
Even if there was no consideration, it is the position of the Department of Revenue that documentary stamps must be paid. The purchase price will be considered to be equal to the outstanding value of the mortgage (the amount that remains due and owing) and should be listed as such on the DR-219. Taxes are calculated at either .60 per $100.00 or .70 per $100.00 depending upon the county in which the property is located.
Scott R. Jay, Esq.
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