A Florida quit claim deed fails when it does not meet the execution rules, most often because it was not signed in front of two subscribing witnesses as Fla. Stat. 689.01 requires. A wrong legal description or a missing notary acknowledgment can also stop it from being recorded. A signed, delivered deed cannot be cancelled by one person, and setting aside a recorded deed is a court matter for an attorney.
Searching “what voids a quit claim deed” usually means one of two things: you are worried your own deed will not hold up, or you think a deed was signed against you. This post covers the first question in full and the second as far as it fairly can. It sets out what Florida law requires for a valid quit claim deed, what recording does and does not do, and where the line sits between our work and a lawyer’s. Lee County Document Preparation, Inc. is a non-attorney service in Fort Myers. We prepare and record deeds from the information you supply. We do not give legal advice, and we do not undo deeds.
What Makes a Quit Claim Deed Invalid in Florida?
A Florida quit claim deed is invalid or unrecordable when it misses a required formality: it was not signed in the presence of two subscribing witnesses, it lacks a notary acknowledgment for recording, it does not describe the property with a correct legal description, or it names the wrong grantor.
Most of the pages that rank for this question are written about other states. California and New York law do not require two subscribing witnesses on a deed, and Florida law does. A reader in Fort Myers who follows an out-of-state checklist can finish with a document that looks complete and is not.
Not every problem is a formality. Whether a deed was signed freely, by the right person, with the capacity to sign, is a question of fact and law that only a court can decide. We can tell you what the formalities are. We cannot tell you whether a particular deed survives a challenge, and no document preparer can.
The Florida Validity Checklist, Item by Item
The Florida deed requirements below start with the statute, then cover the other pieces a deed needs to be recorded in Lee County.
Two subscribing witnesses. Florida’s conveyance statute provides that an interest in real property is created only by a written instrument signed in the presence of two subscribing witnesses by the party creating it. The same section allows witnesses to satisfy the requirement by being present and signing electronically through audio-video communication technology. This is the requirement out-of-state pages leave out, and the one a deed most often trips on. Our post on Florida deed witness and notary requirements goes through who can and cannot witness.
A notary acknowledgment. A deed is acknowledged before a notary so that it can be recorded. That is separate from the two-witness rule, which comes from 689.01.
A correct legal description. A street address or a tax bill is not a legal description. The description must come from the recorded chain of title. If you are not sure you have it, a title search shows what the records say.
The right grantor. The person who signs has to be the person who holds the interest. A deed from someone who does not own the property can only pass what that person owns, which is the nature of a quit claim.
Delivery and acceptance. A deed generally takes effect when the grantor hands it over intending to transfer title and the grantee accepts it. A signed deed left in a drawer is a different thing from a delivered one.
A deed also does not clear the property’s debts. If a mortgage exists, it stays in place, which we explain in quit claim deeds and mortgages in Florida.
Is an Unrecorded Quit Claim Deed Still Valid?
An unrecorded quit claim deed is not automatically void, but it is exposed. Under Fla. Stat. 695.01, an unrecorded conveyance is not good against creditors or later purchasers who pay value without notice of it. Recording with the Clerk of Court is what protects the new owner.
The statute speaks to creditors and later buyers: a conveyance is not effective against them unless it is recorded according to law. It does not say the deed is meaningless between the people who signed it. The practical risk is a later buyer or lender who records first and has no notice of your deed.
That is why a deed should be recorded soon after signing. In Lee County, recording costs $18.50 for the first page, $8.50 for each additional page over one, and $1.00 per name over four, with documentary stamp tax figured separately. Our post on documentary stamp tax and recording costs breaks down the numbers.
People also ask how long a quit claim deed takes to process. The honest answer is that it depends on the Clerk of Court’s queue, not on us. We file the signed originals with the Clerk and mail the recorded original to the new owner. Once it has been recorded, you can confirm it by looking the deed up in Lee County’s records.
Can a Quit Claim Deed Be Reversed or Undone in Florida?
A signed and delivered quit claim deed cannot be cancelled by the person who signed it. Getting the property back means either a new deed from whoever now owns it, or a court order. Setting aside a recorded deed is a court matter, and it is a question for a Florida attorney.
The first route is simple in principle. If the grantee agrees, they can sign a new deed back to the original owner, and that deed is witnessed, notarized and recorded like any other. This is a new transfer, not a reversal, so it carries its own recording cost and its own tax consequences. We can prepare that deed from the information you give us. If you are removing someone from title for another reason, see how to remove someone from a deed.
The second route is the one readers worried about fraud or pressure are really asking about, and it is outside what we do. If you believe a deed was signed against you, speak to a Florida attorney as soon as you can. We cannot tell you whether a deed can be challenged, what to file, or where. What we can say is that the formalities above are the legal minimum, and a deed that meets them is not undone by one person changing their mind. If you are weighing the two roles, our post on attorney versus document preparer explains where we stop.
What Gets a Quit Claim Deed Rejected at the Clerk’s Counter?
The usual causes are a missing second witness, a notary block filled in wrong, a legal description that does not match the records, or a missing preparer name and address. A rejected deed is not recorded, so under 695.01 it protects no one until the defect is fixed and it is submitted again.
Clearing the counter says nothing about whether the deed was the right one for the situation or whether the transfer is wise. That is a conversation for an attorney. Anyone completing a deed for their own property faces the same formalities as above. Our post on preparing your own quit claim deed covers that choice, so we will not repeat it here.
Frequently Asked Questions
How long is a quit claim deed valid?
A quit claim deed does not expire. Once it is signed, witnessed, notarized, delivered and recorded, it stays in effect until a new deed or a court order changes title. The practical deadline is recording: an unrecorded deed can lose to a later buyer who records first.
Can a quitclaim deed be revoked?
Not by the person who signed it. A signed and delivered quit claim deed cannot be cancelled unilaterally. Title can go back through a new deed from the current owner, or through a court. Setting aside a recorded deed is a matter for a Florida attorney.
What are the downsides of using a quit claim deed?
A quit claim deed carries no warranty of title, so the new owner has no protection if a lien, judgment or other claim surfaces. It also does not remove a mortgage. It suits transfers between people who trust each other, such as adding a spouse, and it is a poor fit for a sale to a stranger.
How long does a quit claim deed take to process?
It depends on the Clerk of Court’s recording queue, not on the preparer. After we file the signed originals with the Lee County Clerk, the recorded original is mailed to the new owner. You can confirm recording by looking the deed up in the county’s official records.
Talk to Us Before You Sign
If you need a quit claim deed typed correctly for recording, we prepare it for $225.00 from the information you supply, and you can see every fee on our pricing page. Start with the quit claim deed request form, call us at 239-482-7900 (Monday to Friday, 9am to 5pm), or contact us. We are at 11595 Kelly Rd #215, Fort Myers, and we have been serving Lee County since 1997. We are not attorneys and do not give legal advice. If a deed raises a legal question, an attorney is the right call, and we will prepare whatever instrument you decide on.