How does the real estate deed need to be formatted? Well, the first thing you have to do is, show who the grantor is, or the person who owns the property, whose conveying it to someone else. That person that they’re conveying it to is called a grantee. We need to have their name in the deed and we also need their address. Then you next need to show that it’s what the consideration is, whether it be $10 or it’s a gift or the dollar amount that the, this transfer is being made for, then you need to put in a good legal description, just not what the property appraises says it is or what the street address is. You need the legal description in it. Then, you need to have magic words in, in the deeds of conveyance, such as they grant convey transfer. So quick claim, all of those indicate that your transfer, the title, and then you have the legal description. Then the deed must be signed the presence of two different witnesses. And then you have to have an acknowledgement. That’s not a, a sworn statement, but an acknowledgement by the person doing the conveyance, the deed needs to be signed the presence of these two witnesses. So that’s the format for a deed in Florida. If anyone’s viewing this outside the state of Florida, I am not telling you what’s required in those states, but that’s pretty much the format that you need for a deed. I know the, the clerk of the court may require the grant tour to put their address in the property. We also put down the marital status of the grant tour and that if it’s his home, he needs to be single, or if not, he needs to have his spouse join in the deed to convey property and show that their husband and wife, or if he’s single or just what his status is. So if you have any questions about, the deeds, uh, give me a call at (727) 847-2288.
I live on my mom’s property and she died. Do I have squatter’s rights? The answer is no. You do not have any squatter’s rights. As far as living on her property, her estate would need to be probated, in order to determine who she left the property to, and whoever is the owner. And hopefully if you are an owner, you do have the beneficiary so that you would wind up being the owner of her property. As an owner, you have a right to maintain possession of the property, as non exclusive. So, if however, you are not a beneficiary and it passes to someone other than yourself or to other parties, other than yourself, they would have a right to have you removed. That’s called an unlawful detainer action, which is a, basically an eviction of someone who is not a tenant. And so you do not have any squats rights, not that squatters have any rights, to stay on the property. If you’re not, the owner of the property, or have rented the property. If you have any questions, give me a call. Its 727) 847-2288.
What can I do if my neighbor is harassing me? Well, 1st off, we need to determine what you mean by the neighbor harassing you. Many times I get calls from folks with a neighbor is continuing to call code enforcement or call the county to come out and check on about any potential code violations or anything else. And they’re using the government to harass you. As far as that’s concerned, under those circumstances, you have no recourse against your neighbor. The only time that you would be able to do anything about your neighbor, harassing you is in the event that they would break the law. Such as you know, them calling you or whatever. And then you need to report that to the Sheriff’s office, or the police to file a complaint and have them investigated and charge them with a crime. But unless they are committing a crime, I’m not aware of anything that you can do as far as harassment. There, I did see recent case where the neighbor was shining their spotlights into the neighbor’s windows or patio next door. And there was an action as far as that’s concerned, but usually with harassment, unless they’re breaking the law, there isn’t much. My phone number’s (727) 847-2288.
How do I transfer my homestead? I’m assuming that this question has to do with your homestead exemption on if you’re an owner or property, and that’s your permanent place of residence. And you’re a resident of the state of Florida. You can exempt the first $25,000 of your taxable valuation from taxes, which saves you approximately $500 in taxes. You pay tax on any amounts between 25,000 and 50,000, from 50,000 to 75,000. You can and exempt everything except school taxes, which save you another approximately $300. In addition to that, there’s a constitutional amendment that provides that, As long as you have homestead exemption on your property, then the tax assessment will not increase by the lesser or a 3% or cost of living. So, if you change homestead, if you buy another property, or acquire another property, you move into that property. And it’s now your homestead.
You should apply to the property appraiser’s office to have homestead on that property and tell them that you wish to, for your homestead exemption, to this new property, it’s called portability. And they should transfer that to you. If this, you have to acquired this other property within two years from the date that you last had homestead. So, if you sold your property, you don’t want to wait more than two years to acquire another property. If you want to transfer your homestead and or save our homes, freeze, or holding the tax assessment to the lower amount, which is transferable on, and that’s called portability. You have any questions on that? You give me a call at (727) 847-2288.
What are the elements of real estate deed? I’m taking this question as is what are the warranties under, a warranty deed. And very candidly, I had to look these up and they’re in the English common law, which is incorporated into our Florida warranty deeds. And I’ve gotta look at my notes here. It says, these are the warranties. A Quiet enjoyment is one of the warranties two, a covenant against encumbrances. And I think that’s probably the biggest one, three, a covenant of season, meaning that you own the property, four, a covenant that says you have a right to convey the property. Five, further assurances, is meaning that you’ll and six defend the title. I think the last two are probably will overlap each other, but usually with a warranty deed, the biggest thing is that the person who’s conveying it, well says that there’s no liens or encumbrances against the property and they have a warranty as far as that’s concerned. That’s I guess, concern anymore. We have title insurance and transactions so that you have you don’t have to look to the seller for these defects and the title. You can look at your title insurance policy. So if you have any questions, give me a call at (727) 847-2288.