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    Bettyboop37's Avatar
    Bettyboop37 Posts: 1, Reputation: 1
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    #1

    Feb 14, 2018, 01:15 AM
    Can a person be forced to sign a corrective warranty deed
    I gave my daughter a warranty deed to my house for personal reasons but
    a warranty was made out to right away, in 2008.
    she recorded the deed from me to her. I never noticed that she did not
    notorize her signature. I took that deed to the tax assessors office to get
    tax exempt due to my age and my income. I have to fill out paperwork
    in December of every year to continue being tax exempt.
    i took this deed in and they did not say anything about the signature not
    being notorized and according to that office I am the owner .
    I have been the owner of this house for 48 years. When I went to record
    that deed at probate, that is when i found out it was not notorized and i
    could not record it, I had a lawyer make out a new warranty deed and
    now my daughter is refusing to sign the deed.
    I am eighty years old now , and I am just sick. My daddy built this house
    48 years ago. I paid off the mortgage in 1999. I have paid all the taxes
    ‘all these years and paid all homeowners insurance all these years.
    all improvements and repairs. she has never spent a dime for anything.
    This was done because I was getting married to a man that had a huge r
    irs tax liability and I feared the irs may get my home.
    She new the reason and was in full agreement on this arrangement.
    Now that I am desperate for a deed so I can record and put my property in
    a trust, She is refusing m therefore stealing my house.
    i need help. I can take legal action but that may take a long time .
    Please advise,
    Thanks
    Betty Guillot
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Feb 16, 2018, 05:30 AM
    In Florida, it must be witnessed by two people.
    If it is not witnessed, it is not valid

    My understanding is it should be notarized but if it is accepted and recorded without, it should be valid. But this again, is an issue for a real estate attorney.

    You also should not be able to get a homestead exemption, since you do not own the house, and it may be an issue of fraud to attempt to do so, knowing you transferred the deed to someone else.

    And of course why would she not want to do a new deed to her name, to be sure it transfers to her without any issue.
    OR... do you want to transfer it back to your name.

    Also it is your signature that is important to this (I did not know the buyer had to sign)
    The deed would be signed by you. So to give her the land, on a new corrected deed, it would seem you merely do a new one, you sign it, notarize it and give it to her.

    Is there more of an issue here ?

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