Name: Pedro E.

Hache
Date: March 26, 2017
Deeds Assignment for Real Estate Law
Due in TURNITIN Drop Box by Sunday at 8:00PM March 26, 2017
Instructions: This Assignment is based on the reading and the topics covered in class.

1. How do you prove ownership of a Property?

In order to prove one’s ownership of a property, the owner must have legal interest in the
property. In light of this, the legal document the owner must hold is a deed that transfers the
tittle. The tittle grants legal access to the holder of it to make the necessary accommodations or
improvements he deems necessary. Also, the tittle holder has the right to transfer part or his
entire interest of ownership.

2. Who is the Grantor of a Deed? Who is the Grantor of the Deed for the property located at
2201 Collins Avenue Unit 303, Miami Beach, FL 33139?

The grantor of a deed is the seller of the property. Once the sale is done, he grants the deed title
to the buyer. This is necessary to deem the transaction legal since for a deed to be legally
operative one must clearly identify the grantor and grantee. The grantor of the deed for the
property located at the address above is Stephen Belafonte & Melanie Brown, husband and wife.

3. Who is the Grantee of a Deed? Who is the Grantee of the Deed for the property located at
1200 Brickell Bay Drive?

On the other hand, the grantee of the deed is the buyer of the property. The owner, or grantee of
the property located in the address above is SMI Holdings Inc., a Massachusetts corporation, as
seen on the deed.

4. Did the Grantee for the property located at 2201 Collins Avenue Unit 303 sign the Deed?
Must a Grantee sign a Deed?

The state of Florida does not require the grantee to sign the deed. 2 Witnesses however, must
sign the deed. In the case of the property located at 2201 Collins Avenue Unit 303, the grantee
did not sign the deed.

5. What is identified in the Premises section of a Deed?

The Premises section of the deed highlights: (i) all the parties involved, (ii) date and execution
of the deed, and (iii) name and addresses of parties involved.

6. What words are normally included in the Granting Section of a Deed?

In the granting clause, words of conveyance are usually included. Conveyance is the action of
transferring the legal title of a property from one person to another.
7. What “romantic” words let you know you are in the Habendum Clause of a Deed?

In the Habendum Clause of a Deed the grantee finds all the interest and rights he enjoyees as
grantee of the property. Usually this section begins with the phrase: to have and to hold.

8. What is the Covenant of Seisen?

The Covenant of Seisen is, by definition, an agreement that shows the grantor hold quantity and
equality over the property described in the deed. This is usually to dismiss cases to identify if
land was ready to be sold or to write what has already been verbally discussed and agreed upon.

9. What is the Covenant against Encumberances?

The Covenant against Encumbrances is a clause used to identify for the grantor all the liens and
restrictions associated with the property.

10. If you were buying a property, would you rather have a Quit Claim Deed or a General
Warranty Deed? Why? Explain the difference. Include all covenants.

I would rather have a General Warranty Deed because Quit Claim Deeds are used when it is not
a traditional sale. Quit Claim Deeds are common when the real estate is happening as a gift, or if
it was left in a Will, etc. This type of deed does not contain guarantees of any kind; therefore, it
is riskier than a General Warranty Deed. A Warranty Deed provides a lot of guarantees as it
includes a description of the property, etc. If I buy the property and it turns out that it is not what
was promised by the seller, I can sue the seller and recover the damages. However, if it was done
through a Quit Claim Deed, I would have no solutions.

11. If you were selling a property you own, would you rather have a Quit Claim Deed or a
General Warranty Deed? Why? Explain the difference.

If I was the seller, I would rather have a Quit Claim Deed because it does not guarantee that the
grantor is the rightful owner and has the right to transfer the property. It has no liabilities in the
seller if something is wrong with the property. However, if the buyer finds something wrong
with the property and we were having a General Warranty Deed, I could be sued.

12. What are the benefits of recording your Deed?

The benefits of recording your Deed include that in order to be protected from future claims on
the title, you should have the deed recorded.

13. What does it mean to record a document?

Recording a document is the act of putting the document into official records at the County
Recorders or Recorder of Deeds Office.

14. Must a Deed be in writing?

 Yes. A deed must be in writing because the statute of frauds requires a writing for the transfer of
property

15. What is the Covenant of Quiet Enjoyment? What does it mean? Does this mean if your
neighbors have loud parties that you can show them your Deed and tell them you have the
right to quiet?

The Covenant of Quiet Enjoyment is a formal agreement in which the seller promises to protect
the buyer or lessee in the event of disruption in his quiet enjoyment of the property that they are
buying or leasing. If my neighbors have loud parties I could not show them my deed because this
disturbance is simply called a nuisance and it is not covered under this covenant.

16. Alina conveys a property to John via a deed and John puts the deed under his mattress for
safekeeping. Alina then conveys the same property to Carol and Carol records her deed in
the public records of Miami Dade County. Who has better proof of ownership?

Carol has a better proof of ownership because she recorded it.

17. How much are Documentary Stamps in Miami Dade County?

The rate is $0.60 per $100 when the property is a single family residence. If it is anything else,
then the rate is $0.60 plus $0.45 surtax per $100.

18. Where do you find Deeds in Miami Dade County?

You can find Deeds at the Dade County Recorder (22 NW 1st Street, Miami, FL 33128)

19. Must a Deed be witnessed? If so, by how many witnesses?

Yes. A Deed must have two witnesses for all Florida Deeds.

20. What was the purchase price of the property sold by MBC Foreclosures? How do you
know? Provide the way you did the calculation.

The purchase price of the property sold by MBC Foreclosures is $255,000.00

The deed document tax $1,530 divided by $0.60 per $100, equals $255 multiplied by $100,
equals $255,000.00