An affidavit of deed is a sworn written statement that explains or confirms facts about a recorded deed or the property's ownership history. It does not transfer ownership. Title companies often ask for one to clear a question in the chain of title, such as the identity of a past signer, a name change, or a death. The affidavit is signed under oath before a notary and is usually recorded.
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Florida Affidavit of Deed
An Affidavit of Deed is a sworn statement used to clarify details about a deed or confirm facts related to property ownership, often required by title companies to clear title issues.
What's Included
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Experienced Real Estate Attorneys
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Quick 15-Minute Consult with an Attorney
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Personalized Deed Preparation
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Review of Client's Situation
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Online Notary Available (sign from anywhere)
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Electronic Recording Available (we file it for you)
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Electronic Delivery of Deeds
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Guaranteed Accuracy
Overview
An Affidavit of Deed is a sworn statement used to clarify details about a deed or confirm facts related to property ownership, often required by title companies to clear title issues.
Key Features
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Sworn statement
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Clarifies facts
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Supporting document
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Notarized testimony
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Recorded in public records
Benefits
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Clears ambiguity
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Supports title
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Legal proof
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Avoids costly litigation
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Supplements existing deeds
Common Use Cases
- Confirming identity
- Clarifying marital status
- Explaining title gaps
- Proving death of joint tenant
- Confirming name changes
- Verifying possession
What's Not Included?
Our consultation fee covers a quick 15-minute attorney consultation and a customized deed for free. Additional services will be billed at a rate of $375 per hour plus other costs or expenses in addition to the consultation fee.
Transfer Taxes
Client is responsible for all related taxes and fees.
Notary Services
Available for an additional fee.
Physical Recording
Available for an extra charge.
Electronic Recording
Offered at an additional fee.
Timeshare Transfer
Available for an extra cost.
Mortgages & Liens
Handling of these is available at an additional charge.
Documentary Stamp Tax
Handling of this tax in FL is available for an additional fee.
Additional Attorney Time
Each additional hour is billed at $375/hr.
Historical Use
"Affidavits have been used since Roman law as a way to provide sworn testimony outside of court. In real estate, they became essential for explaining gaps in the 'chain of title'—such as a name change due to marriage or the death of a joint tenant—without needing a judge's ruling."
Frequently Asked Questions
An affidavit of deed is usually needed when a title search finds a gap or question in the chain of title. Common examples include confirming that a signer from years ago is the same person as a later owner, stating marital status at the time of a transfer, confirming a joint owner's death, or explaining a name change. The title company typically tells the owner what facts the affidavit must cover.
A corrective deed fixes a mistake in a recorded deed, such as a misspelled name or wrong legal description. An affidavit of deed fixes nothing in the deed itself. It adds sworn facts that the record does not show. For example, a misspelled grantee name calls for a corrective deed, while confirming who signed a deed 20 years ago calls for an affidavit.
Often, yes. Title companies use affidavits to clear exceptions found during a title search, such as a gap between recordings or an undocumented name change. An affidavit only works if the signer has personal knowledge of the facts. Some problems, such as a forged deed or a missing heir's interest, need a corrective deed, probate, or a quiet title action instead.
A title company may ask for an affidavit confirming the death and explaining how the property passed. If the property was held with a right of survivorship or as tenants by the entirety, an affidavit and a recorded death certificate are often enough to show the survivor owns it. If the owner held title alone, probate or a recorded lady bird deed is usually needed instead.
When an owner's name has changed through marriage, divorce, or a court order, a sworn affidavit can confirm that the person named on the earlier deed and the person signing now are the same. Title companies commonly accept this kind of same name affidavit, sometimes with a copy of the marriage certificate or court order. A new deed is not usually required just to show a name change.
A title gap exists when the record does not show how ownership passed from one person to the next. Gaps are more common in older transactions. An affidavit from someone with personal knowledge can explain what happened, for example that a father gave the property to his daughter but the deed was never recorded. Depending on the gap, a title company may also require a new deed or court action.
QuickDeeds prepares a Florida affidavit of deed for $350 plus costs and expenses. The fee includes a 15 minute consultation with a Florida attorney, preparation, review, and electronic delivery. QuickDeeds prepares the affidavit within 1 to 2 days after the consultation. Online notary and eRecording cost extra. Traditional law firms typically charge $400 to $800 for affidavit of deed preparation. DIY online services cost $150 to $300 but provide no attorney review.
The signer must have personal knowledge of the facts and be willing to swear under oath that they are true. Common signers include a past grantor or grantee, a family member, or a longtime neighbor. Title companies often say exactly who must sign. A false statement in a sworn affidavit can carry criminal penalties.
Yes. Florida title companies, lenders, and county clerks routinely accept and record affidavits that address facts about title. An affidavit is only as reliable as the signer's knowledge, so title companies consider who signed and how the signer knows the facts. An affidavit cannot transfer ownership or cure a defect that needs a deed or court order.
A title company may reject an affidavit if the signer lacks personal knowledge, the affidavit does not address the exact exception, or the problem needs a different document, such as a corrective deed, probate, or a quiet title action. A Florida real estate attorney can review the title commitment and the rejection to find the right next step.
Yes. An affidavit is a sworn written statement, so it is signed before a notary public or another officer authorized to administer oaths (section 92.50(1)). It is then usually recorded in the Official Records of the county where the property is located, where the clerk records instruments relating to the ownership of real property (section 28.222(3)(a)).
A Florida attorney prepares each affidavit at QuickDeeds after a 15 minute phone or video consultation, not from a generic online form. The attorney reviews the title company's request so the affidavit addresses the exact question raised. The fee is $350 plus costs and expenses, and QuickDeeds prepares the affidavit within 1 to 2 days after the consultation. An attorney-prepared affidavit costs only slightly more than risky DIY options and includes professional review.
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DEED TYPES EXPLAINED
Types of Deeds We Prepare
We prepare a wide range of deeds to suit your specific needs, ensuring all documents are legally sound and properly recorded.
OWNERSHIP TYPES
Comparison of Ownership Types
Understand the different ways to hold title to real estate and how each impacts your rights and responsibilities.
Each ownership structure and deed type has its own benefits and drawbacks. Always consult with a licensed real estate attorney.
COMPARISON
Compare Deed Types
Find the right deed for your specific needs with our easy-to-understand breakdown of guarantees, protections, and common uses.
Not sure which deed is right for you? Consulting with a real estate attorney can help ensure the best fit for your specific situation.