What Is an Affidavit Of Deed?

An affidavit of deed is the grantor (or seller)’s way of protecting themselves from the possibility of an unrecorded deed. If you’ve sold a property, you may want additional legal documentation that you have sold the real estate to someone else and are no longer responsible or liable for it.

Since the grantee (or buyer)’s signature is often not required on other types of deeds, a former owner may have difficulty proving the sale of the property if for some reason the deed was not filed correctly with the appropriate recording department.

Put into simple terms, a Florida affidavit of deed will confirm the actual date of the real estate transaction and protect the grantor from any future claims, liens, back taxes, or complications that sometimes arise when calculating assets.

The definition of affidavit is a sworn statement in writing made especially under oath or on affirmation, in this case in front of a notary. The purpose of an affidavit is to formally legitimize a claim, in this case that the grantor did in fact sell the property and relinquish the title. Therefore, they are no longer the property owner and are no longer responsible for it.

Published: Dec 8, 2023

Updated: Dec 8, 2023

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This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique. Always consult an attorney for personalized guidance.

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