Legal Question in Real Estate Law in Florida

Recording of a Quick Claim Deed

I own property - a home. Last August I used a quick claim deed to add my mother to the property. We both had 1/2 interest in the property. The deed was never recorded. Now the house is being sold... she did not sign the purchase contract. Does a quick claim deed need to be recorded to be legal or is the document itself legal & binding and/or is the purchase contract invalid because my mother didn't sign it?

Thank you for your help!


Asked on 4/09/03, 4:10 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Recording of a Quick Claim Deed

If the purchaser is a bona-fide purchaser for value without knowledge of the the unrecorded deed, then the purchaser takes over the grantees in the unrecorded deed.

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Answered on 4/09/03, 4:31 pm
David Slater David P. Slater, Esq.

Re: Recording of a Quick Claim Deed

A quitclaim deed need not be recorded to be legal. As far as you are concerned your mother owned 1/2 of the property. Recording of records provides purchasers with notice of ownership.

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Answered on 4/09/03, 7:07 pm


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