08/31/2026
Two deeds, both valid, both recordable in Marion County, and they do completely different things to your title.
The warranty deed. Florida prescribes the form at Fla. Stat. 689.02, and the operative promise reads: "And the said party of the first part does hereby fully warrant the title to said land, and will defend the same against the lawful claims of all persons whomsoever." Section 689.03 then says a deed executed substantially in that form "must be held to be a warranty deed with full common-law covenants."
The House staff analysis for the 2023 bill spelled those covenants out. Among them: the grantor will cure defects "even from title defects dating back to before the grantor's ownership of the property to be conveyed."
The quitclaim deed. Until 2023, Florida prescribed no form for one at all. Chapter 2023-238 created Fla. Stat. 689.025 and set the operative words: the grantor "does hereby remise, release, and quitclaim unto the said second party forever, all the right, title, interest, claim, and demand which the said first party has in and to" the land. What the grantor has. There are no warranties. If the answer is nothing, the grantee got nothing, and the deed is still perfectly valid.
Which is why a quitclaim in the chain is not automatically a defect. It is a question. Nobody made a promise at that link, so the search has to go behind it.
The version that creates one: "we will just do a quitclaim to my sister before closing." Florida documentary stamp tax is computed on consideration, and the Department of Revenue counts a mortgage encumbering the property as consideration, so a deed where nobody hands over a dollar can still generate a tax bill on the loan balance. And if the property is homestead and the record owner is married, Article X, section 4(c) requires the spouse to join, even when the spouse is not on title.
Whether a deed did what someone meant it to do is a legal question for a Florida real estate attorney. What it does to the closing is a question we can answer, and it is a much shorter conversation before it is signed than after it is recorded.