Quitclaim Deed and Your Mortgage in Florida: Changing Title Without Changing the Loan
A quitclaim deed mortgage Florida owners sign transfers title but leaves the loan exactly where it was. The lender's due-on-sale clause, doc stamps and homestead all react. Know what moves and what does not.
Educational content only. This article is for informational purposes and does not constitute financial, legal, or lending advice. Loan programs, rates, and eligibility requirements change frequently. Consult a licensed mortgage professional before making any borrowing decision. Mortgage Capital | NMLS# 1859012 | Licensed in Florida.
A quitclaim deed mortgage Florida owners sign transfers whatever interest the signer has in the property, and leaves the mortgage exactly where it was.
The loan does not move with the deed. The due-on-sale clause, doc stamps and homestead all react. Our guide to divorce and your mortgage in Florida covers the most common use.
What a quitclaim does
Transfers the grantor's interest with no warranty of title.
Used between family members, spouses and into trusts or LLCs.
The Florida Bar consumer guide explains deed types.
It does not guarantee the grantor owned anything.
Title insurance does not follow it.
What it does not do
It does not remove anyone from the mortgage note.
It does not add anyone to the note.
See our guide to second mortgages in Florida for how liens attach to the property, not the person.
The lender's lien stays on the property regardless of who holds title.
The borrower stays liable.
The due-on-sale clause
Most mortgages allow the lender to call the loan if title transfers.
Federal law exempts transfers to a spouse, to children, on death, and into a living trust where the borrower remains beneficiary.
The Garn-St Germain Act lists the exemptions.
A transfer to an LLC is not exempt.
Lenders rarely call performing loans, but they can.
Divorce
One spouse quitclaims to the other as part of the settlement.
See our guide to divorce and your mortgage in Florida.
The departing spouse is off title and still on the loan.
A refinance in the remaining spouse's name is the only release.
See our guide to rate-and-term refinancing in Florida.
Adding a spouse
A quitclaim adds a new spouse to title.
Exempt from due-on-sale.
Florida homestead law then requires the spouse to join in any future mortgage.
See our guide to the Florida homestead exemption.
The new spouse is on title, not on the loan.
Doc stamps on a quitclaim
Florida charges doc stamps on the deed based on consideration, including any mortgage balance assumed.
See our guide to Florida doc stamps and intangible tax.
A transfer between spouses of a homestead is exempt in most cases.
A transfer to an LLC with a mortgage can trigger stamps on the balance.
Ask the title company before recording.
Into a trust
A revocable living trust where you remain beneficiary is exempt from due-on-sale.
See our guide to trusts and mortgages in Florida.
Homestead continues if the trust is drafted correctly.
Notify the lender and the insurer.
The title policy may need an endorsement.
Into an LLC
Not exempt from due-on-sale.
See our guide to DSCR loans for Florida rental investors for loans that allow LLC title from the start.
Homestead is lost.
Doc stamps may apply on the mortgage balance.
Refinance into an LLC-friendly loan instead of quitclaiming.
Homestead and the cap
A transfer that changes the ownership can reset the Save Our Homes cap.
Transfers between spouses and to a trust for your own benefit generally do not.
Adding a non-spouse can trigger partial reassessment.
See our guide to the non-homestead cap in Florida.
Ask the property appraiser first.
Insurance
The named insured must match title.
See our guide to Florida homeowners insurance cost.
A claim on a policy in the wrong name can be denied.
Update the policy the week the deed records.
The mortgagee clause stays.
Title insurance
A quitclaim does not carry the grantor's title policy to the grantee in most cases.
See our guide to title insurance in Florida.
Family transfers rarely buy new policies.
A later sale or refinance requires a search from the last insured deed.
Gaps surface then.
Removing a co-owner who is also on the loan
The quitclaim removes them from title only.
See our guide to non-occupant co-borrowers in Florida.
Their credit still carries the mortgage.
A refinance releases them.
FHA and VA streamlines can remove a borrower with conditions.
Death of an owner
Title passes by the deed's survivorship language, by will or by probate.
See our guide to inherited property with a mortgage in Florida.
A quitclaim from the estate requires the personal representative's authority.
See our guide to buying a probate home in Florida.
Heirs may assume or refinance the loan.
Lender notification
Tell the servicer after an exempt transfer.
See our guide to mortgage servicers versus lenders in Florida.
They note the file and continue.
A non-exempt transfer discovered later can prompt a call letter.
Silence is not a strategy.
Recording
Sign before a notary and two witnesses; Florida requires both.
Record with the county clerk.
Recording fees and any doc stamps are paid then.
An unrecorded deed is valid between the parties but invisible to the world.
Record it.
Where to start
Identify why you are transferring title and whether the transfer is exempt from due-on-sale.
Ask a title company about doc stamps and homestead effects.
Then start a conversation if a refinance is the real solution.