Florida Affidavit of Deed

In Florida, an Affidavit of Deed is a legal document used to clarify, confirm, or correct information about a previously recorded deed. This affidavit serves as a supplemental document to the original property deed, providing additional details or corrections that help solidify the legal standing of the property transfer.

The primary purpose of an Affidavit of Deed is to provide a written statement that clarifies or rectifies information related to a property transfer. It is often used to address discrepancies or omissions or to provide additional details that were not included or were incorrectly stated in the original deed.

The concept of an Affidavit of Deed stems from the need for clarity and accuracy in real estate transactions. Real estate dealings rely on precise documentation, and any ambiguity or error can lead to complications. The Affidavit of Deed offers a formal way to clarify or correct the public record without altering the original deed.

Throughout Florida's real estate history, especially as the state underwent rapid development and expansion, the need for such affidavits became apparent. They have been used to address a range of issues in property documentation, from minor clerical errors to significant omissions. As the real estate market in Florida evolved, the Affidavit of Deed became a standard practice for maintaining the accuracy and integrity of property records.

An Affidavit of Deed is a critical instrument in Florida's property transactions, playing a key role in ensuring the precision and legal validity of real estate documentation.

An Affidavit of Deed in Florida is a document with distinct features designed to support and clarify real estate transactions. These features are specifically tailored to address the nuances of property transfers within the state.

  • Clarification of Details: It serves to clarify or rectify details related to a property deed, such as names, legal descriptions, or dates.

  • Reference to Original Deed: The affidavit references the original deed, connecting any clarifications directly to the specific transaction.

  • Legally Binding Statements: Contains sworn statements that legally affirm the accuracy of the information or corrections provided.

  • Recording in Public Records: Once completed, it is filed with the county recorder’s office, becoming part of the public record associated with the property.

  • No Alteration to Original Deed: It doesn’t alter the original deed but acts as a supplemental document to enhance understanding or correct errors.

These features make the Affidavit of Deed a versatile and essential tool in Florida’s real estate transactions, ensuring that property records are clear, accurate, and reflective of the parties' true intentions.

The cost includes a quick 15-minute consultation from a Florida real estate attorney and a personalized affidavit.



Start With a Consult

In some cases, there may be additional costs or expenses in addition to the advertised fee. Learn More.

What’s Included?
  1. Quick 15-Minute Q&A Period: Our attorney consultations include a quick attorney consultation to understand our client's needs, including asking and answering questions.

  2. Review of Client's Situation: Part of our consultation fee is analyzing and assessing each client's unique situation.

  3. Customized Deed Preparation: When clients book a quick attorney consultation, one of our experienced real estate attorneys will make a custom deed that caters to each client's needs and situations at no additional charge.

  4. Electronic Delivery of Deeds: We send deed drafts ready to review and notarize by email.

  5. Guarantee: In case of any errors on our part, such as incorrect names or land descriptions in the documentation, we will promptly prepare and provide a correction deed at no additional cost to you.

What’s not Included?

Our consultation fee covers a quick 15-minute attorney consultation and a customized feed for free. Additional services will be billed at a rate of $350 per hour plus other costs or expenses in addition to the consultation fee.

  1. Transfer of Taxes Related to Property: This is not included in our fee, and the client is responsible for paying all taxes and fees related to a property transfer. For more information on taxes and transfer fees, ask for more details during your consultation.

  2. Notary Services: These are available for an additional fee.

  3. Physical Recording: This service can be provided for an extra charge.

  4. Electronic Recording (eRecording): Offered at an additional fee.

  5. Timeshare Transfer Notification: Available for an extra cost.

  6. Handling of Mortgages, Liens, and Other Evidence of Indebtedness: Services related to mortgages, liens, or other evidence of indebtedness are available at an additional charge.

  7. Documentary Stamp Tax on Mortgages and Liens in Florida: Handling of this tax is available for an additional fee.

Consultation for Additional Services and Fees: For more information on what additional services we can offer and their respective fees, please inquire during your consultation.