Legal Question in Real Estate Law in Florida

Does a quitclaim not recorded get superseded by a later one that is recorded? My mother signed one with her business partner (no formal or written agreement) and she did not understand it. That agreement was never recorded. In order to keep her from owing the mortgage and having no interest in the property, can we create a new quit claim with me as the grantee, and record it, and thereby invalidating that first one? Florida statute 695.01 seems to say so. Thanks


Asked on 3/07/13, 2:50 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

We are in a race notice State, this means the person with the first deed recorded who does not have notice of a countervailing one gets the property. As for what you ask, someone needs to review title and make sure who owns it now. Not sure how a new quit claim deed is going to prevent her from owing the mortgage and having no interest in the property. Seek legal help.

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Answered on 3/07/13, 2:57 pm


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