Legal Question in Real Estate Law in Florida

My mother and I own a condo as tenants in common. My mother signed a "quit-claim" form a few years ago but I never filed it. Is there a time limit on filing in the state of Florida?

p.s. you guys are great!


Asked on 9/03/10, 7:05 am

1 Answer from Attorneys

Not a time limit, but when it hasn't been recorded within 6 months it is considered stale, and raises questions.

One of the requirements are that there is delivery and acceptance of the deed. If it is not recorded within the 6 months there is a belief that there was never delivery so the deed is not valid. Then we need affidavits documenting about the delivery and the reason for not recording it.

If your mother is still alive, then we can do an affidavit from her saying she just delivered it and you just accepted it, or an affidavit that somehow there was a delay in recording because you thought it was done by someone else (and they didn't do it). Something like that.

To do this correctly you need to see a real estate attorney to fix it, and avoid problems.

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Answered on 9/08/10, 7:15 am


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