Quitclaim vs. Warranty Deeds: Which One Are You Signing? A Guide for Orlando Property Owners
- Olivia Sterling
- 3 days ago
- 3 min read
Whether you are passing a family home in Winter Park down to the next generation or finalizing a property transfer in the booming Lake Nona area, navigating Florida’s real estate paperwork can feel like a maze. In the heart of Central Florida, ensuring your deed is executed correctly isn't just a formality—it's a legal necessity to avoid rejection by the Orange County Comptroller. As we move through 2026, staying updated on current regulations is the best way to protect your investment and ensure your property rights are securely recorded.
💡 Key Takeaways
Florida law requires two witnesses and a notary for all deed recordings.
Witnesses must include their full post office addresses under their signatures per Fla. Stat. § 695.26.
Warranty Deeds offer full title protection, while Quitclaim Deeds are best for 'as-is' transfers between trusted parties.
Orange County deeds are recorded at the Comptroller’s office on Church Street, not the courthouse.
Remote Online Notarization (RON) is a legal and efficient option for Orlando residents in 2026.
Understanding the Difference: Warranty vs. Quitclaim
Before you pick up the pen, you need to know exactly what kind of promise you are making—or receiving. Florida law recognizes different levels of protection depending on the deed type.
 | Warranty Deeds (Fla. Stat. § 689.02) | A Warranty Deed is the gold standard for real estate transactions. When you sign this, you are guaranteeing that you own the property, you have the right to sell it, and the title is clear of any hidden liens. If a problem arises later, the grantor is legally obligated to defend the title. This is most common in traditional home sales. |
 | Quitclaim Deeds (Fla. Stat. § 695.01) | A Quitclaim Deed is much simpler but offers less protection. It says, "I am giving you whatever interest I have in this property, but I’m not promising that the title is perfect." These are frequently used in Orlando for divorce settlements, moving property into a family trust, or transferring titles between relatives where the history of the home is already known. |
The "Must-Haves" for Recording in Orange County (2026 Update)
Florida’s recording requirements have become stricter to combat title fraud. Under Fla. Stat. § 689.01, your deed will be rejected by the Orange County Comptroller if it does not meet these specific criteria:
✔️ Two Subscribing Witnesses: You must sign in the presence of two witnesses.
✔️ Mandatory Witness Addresses: A common mistake that leads to document rejection is forgetting the witness addresses. Per Fla. Stat. § 695.26, the post office address of each witness must be legibly printed or typed directly beneath their signature.
✔️ Notary Acknowledgment: The deed must be notarized. In 2026, Florida continues to lead the way in Remote Online Notarization (RON), allowing you to complete this process via secure video call from your home in Orlando or even while traveling.
Avoiding Rejection at the Orange County Comptroller
In Orlando, deeds are not filed at the Orange County Courthouse. Instead, they are processed by the Orange County Comptroller’s Official Records Department located at 109 E. Church St., Suite 300, Orlando, FL 32801.
2026 Estimated Recording Fees:
First Page: $10.00
Additional Pages: $8.50 each
Indexing: The first four names are free; additional names are $1.00 each.
To stay ahead of 2026 anti-fraud measures like SB 1224, we highly recommend Orlando homeowners sign up for the Comptroller’s Property Fraud Alert service. This free service notifies you whenever a document is recorded in your name, providing an extra layer of security against fraudulent entries.
Transferring property to a family member or trust? Ensure your deed is witnessed and notarized correctly for a seamless county filing. Don't risk a rejection at the Comptroller's office due to a missing witness address or an improper seal. Whether you need a Mobile Notary to meet you in Winter Park or a Remote Online Notary to handle your signing digitally, we are here to help. Contact us today for professional Orlando Mobile or Remote Online Notary services to ensure your deed is done right the first time.
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