Real Estate and Deed Services Across Florida

What Does a Miami Real Estate and Deed Attorney Do?

A real estate attorney makes sure ownership of a property is documented correctly and that the paperwork will hold up later, when you sell, refinance, pass the home to your children, or face a challenge from someone claiming an interest. Deed work sounds simple, but a single wrong name, a missing witness, or the wrong type of deed can cloud title for years.

Orellana Law focuses on the everyday legal needs of property owners in Miami-Dade and throughout Florida. The firm drafts deeds, reviews existing title documents, explains what each option means for taxes, homestead protection, and inheritance, and records the finished documents in the county's official records. When a problem already exists, the firm looks for the cleanest fix, whether that's a corrective deed or, if a dispute can't be resolved, a court action.

Real estate issues often overlap with our other work. A roof or water loss can raise questions about who the insurer must pay, which is where our property insurance claim team comes in, and a disagreement that cannot be settled may become a lawsuit handled through our civil litigation practice.

Types of Florida Deeds and When Each One Is Used

Florida recognizes several kinds of deeds, and each one promises something different about the title. Choosing the right one is one of the most important decisions in any property transfer.

Enhanced life estate deed (lady bird deed)

A lady bird deed lets you keep full control of your home during your lifetime, including the right to sell or mortgage it without anyone else's consent, while naming who receives it at your death without probate. Florida is one of only a few states that recognize this deed, and it can be a practical planning tool for homestead property. It must be drafted carefully to preserve your rights.

Warranty deed

A general warranty deed is the strongest form of deed. The seller promises that the title is good and agrees to defend it against claims, including claims that arose before the seller owned the property. It's the standard deed in sales between unrelated buyers and sellers.

Special warranty deed

A special warranty deed limits the seller's promise to problems that arose while the seller owned the property. Banks, builders, and estates often use it because they can't vouch for the full history of the title.

Quitclaim deed

A quitclaim deed transfers whatever interest the signer has, if any, with no promise about the title. It's often used between family members, after a divorce, or to remove a name from title. It's fast, but it gives the person receiving the property very little protection, so understand the risk before signing one.

How to transfer property to a family member in Florida

Many deed questions involve family: a parent adding a child to title, spouses changing how they hold a home, or siblings inheriting a property together. Each choice affects who can sell, who inherits, and whether the transfer triggers taxes or changes a homestead exemption.

• Adding a name to title can expose the home to the new owner's creditors or divorce proceedings. A lady bird deed can often name a child as the future owner without giving them a present interest.
• If the home is your homestead and you're married, your spouse generally must sign any deed or mortgage, even if your spouse isn't on title. Fla. Const. art. X, § 4(c).
• A transfer can trigger a property tax reassessment and affect the Save Our Homes cap, so check before recording.
• A gift deed can still owe documentary stamp tax if the property has a mortgage.
• Property with a mortgage should be reviewed against the loan documents before any transfer.

The firm walks through these tradeoffs with you before anything is signed.

Florida Deed Requirements: Signatures, Witnesses, and Recording

A Florida deed has formal requirements. It must be in writing, signed by the person transferring the property in front of two witnesses, and acknowledged before a notary to be recorded. To be accepted for recording, the deed must also show:

• The printed name and mailing address of each person who signs it
• The printed name and mailing address of each witness
• The name and mailing address of the person who prepared it
• The name and mailing address of each person receiving the property
• A full legal description of the property, not just the street address

Fla. Stat. § 695.26(1) (2026).

In Miami-Dade County, deeds are recorded with the Clerk of the Court and Comptroller. Recording puts the public on notice of the new owner. Documentary stamp tax is generally due at recording, and Miami-Dade calculates it differently from the rest of the state, so confirm the amount before recording.

Errors in these steps are among the most common causes of title problems. A missing witness or an incorrect legal description doesn't always make a deed void, but it can stop a later sale or refinance until it's corrected.

Title Problems, Quiet Title, and Partition

A cloud on title, such as an unreleased mortgage, a missing heir, a recorded lien, or a deed signed by only one owner, can stop a sale or refinance. The firm helps property owners:

• Clear title without court through corrective deeds, releases, and affidavits
• File quiet title actions when someone won't sign, can't be found, or disputes ownership
• Resolve co-owner disputes through negotiation or a partition action when co-owners can't agree to keep or sell

For more, see our guide to title problems, clouds on title, and quiet title actions.

Real Estate Contract and Closing Questions

Problems in a sale usually come down to the contract. The firm can help with:

• Contract review before you sign, including deadlines, inspection periods, and deposit terms
• Deposit disputes when a buyer or seller walks away
• Failed closings that may become a breach of contract claim