Deed vs. Title: What You Actually Get When You Close on a New Home in Florida
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A deed is the signed document that transfers a home to you, and title is the legal ownership you get from it. In Florida, the deed must be signed in front of two witnesses under section 689.01 of the Florida Statutes, and it is the recorded deed in the county's official records — not a separate ""title paper"" — that shows the public you own your new home.
Here is how deeds and title work in Florida, what happens to the deed after closing, and what title insurance adds.
What is the difference between a deed and a title?
Think of it this way: the deed is the paper, and title is the right.
Deed | Title | |
|---|---|---|
What it is | A written document that transfers real estate | Your legal ownership of the property |
Can you hold it? | Yes, it is a physical or electronic document | No, it is a legal right, not a single paper |
Who signs it | The seller, called the grantor | No one signs title itself |
Where the public sees it | Recorded in the county official records | Shown through the chain of recorded documents |
What protects it | The promises written in the deed | A title search and title insurance |
When you buy a new home, the builder signs a deed to you at closing. The deed is the tool that moves title from the builder to you.
Is there a ""title document"" for a house?
Not the way there is for a car. A car title is one state-issued paper. With a house, ownership is shown by the documents recorded in the county, starting with your deed.
The Lake County Property Appraiser puts it plainly: its office does not determine who owns property, and ownership ""is officially established by legal documents recorded with the Lake County Clerk."" The property appraiser's website shows owner names for tax purposes, but the same FAQ says it should not be used as a legal guarantee of ownership.
So when someone asks, ""Who holds the title?"" the honest answer is that you hold title once the deed to you is signed, delivered and, for full protection, recorded.
What does a Florida deed have to include?
Florida law sets several rules a deed must meet.
It must be in writing and signed in front of two witnesses. Section 689.01 says real estate is conveyed by a written instrument ""signed in the presence of two subscribing witnesses"" by the person conveying it.
Names and addresses must be printed. Section 695.26 says the clerk will not record it unless each signer's and each witness's name and address are printed under their signatures, along with the name and address of the person who prepared it.
There is a space for the parcel number. Section 689.02 says the warranty deed form includes a blank for the property appraiser's parcel identification number, which is not part of the legal description.
The deed also names the buyer and includes the legal description of the land. That legal description, not the street address, is what identifies your lot.
What kind of deed will I get?
Florida law gives a standard form for a warranty deed. Section 689.03 says a deed in that form is ""a warranty deed with full common-law covenants."" In plain words, the seller promises the title is good and will defend it against lawful claims.
Other deed types carry fewer promises. Your purchase contract usually says which type of deed the builder will deliver. Before you sign, find that line and ask your closing attorney or title company what the deed type means for you.
Why does recording the deed matter?
Recording is what protects you against the rest of the world. Section 695.01 says a conveyance of real property is not good ""against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same be recorded according to law.""
That means if a deed to you is not recorded, a later buyer who paid for the same property without knowing about you could have a claim. Ask your closing company when it will send your deed to the county clerk to be recorded.
Once it is recorded, you can find it in the clerk's official records. The Lake County Property Appraiser's FAQ even explains how to click from your property record card to the recorded deed.
What does title insurance protect?
A deed transfers the home. It does not pay a lawyer to defend you if an old problem shows up. That is the job of title insurance.
The Consumer Financial Protection Bureau says:
Owner's title insurance protects you if someone sues and says they have a claim against the home from before you bought it. The CFPB gives examples like unpaid taxes from a former owner or contractors who were not paid for work done before your purchase.
Lender's title insurance protects the amount the lender lends. Most lenders require it.
A brand-new home can still have past claims tied to the land or the build. Our guide to owner's title insurance on new construction covers your choices.
What does it cost to transfer the deed in Florida?
Florida charges documentary stamp tax on deeds. Section 201.02 sets it at 70 cents per $100 of the price paid.
Example price | Doc stamp tax on the deed at 70 cents per $100 |
|---|---|
$300,000 | $2,100 |
$400,000 | $2,800 |
$500,000 | $3,500 |
These are examples only. Who pays this tax is set by your purchase contract. Our Florida documentary stamp tax guide shows the full math, including the separate taxes on the mortgage.
What this means for new-construction buyers in Florida
Read the deed line in your contract. It tells you what type of deed the builder will deliver.
Check the names before closing. How your name appears on the deed is how it appears in the public record. If you are buying with a spouse or partner, ask how you will hold title together.
Ask where the original goes. Ask your closing company where the recorded original will be sent.
Look it up afterward. A few weeks after closing, search the county clerk's official records and your property appraiser's site for your name.
Use the deed for homestead. Your recorded ownership is part of what lets you file for homestead by March 1. Our homestead guide walks through it.
Watch for fraud alerts. Some county clerks offer an alert service when a document is recorded in your name. The Lake County Property Appraiser's FAQ says the Lake County Clerk offers one. Check your own county clerk.
Common Questions
What is the difference between a deed and a title?
A deed is the signed paper that transfers a home from the seller to you. Title is your legal ownership of the home. The deed is how title moves, and once the deed is recorded in the county's official records, it is the public proof of who owns the home.
Is there a title document for a house like there is for a car?
Not usually. Real estate ownership is shown by recorded documents, starting with your deed, in the county official records. The Lake County Property Appraiser, for example, says ownership is officially established by legal documents recorded with the county clerk.
Does a Florida deed need witnesses?
Yes. Section 689.01 of the Florida Statutes says real estate is conveyed by a written instrument signed in the presence of two subscribing witnesses. Section 695.26 also requires the witnesses' names and addresses to be printed on the deed before the clerk will record it.
Why does recording the deed matter?
Section 695.01 of the Florida Statutes says a conveyance is not good against creditors or later buyers who paid value without notice unless it is recorded. Recording puts your ownership on the public record.
Do I get the original deed after closing?
Ask your closing company when the deed will be recorded and where the recorded original will be sent. Once it is recorded, you can get a copy from the county clerk's official records at any time.
Do I need owner's title insurance if I have a deed?
The deed transfers the home, but it does not pay to defend you against old claims. The CFPB says owner's title insurance protects you if someone says they have a claim against the home from before you bought it. Lender's title insurance protects only the lender.
What tax is paid on a deed in Florida?
Florida charges documentary stamp tax on deeds. Section 201.02 of the Florida Statutes sets it at 70 cents per \$100 of the price paid. Your purchase contract decides who pays it.
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Related reading: Owner's title insurance on new construction · Florida documentary stamp tax · What clear to close means
This is general information, not financial, tax or legal advice. Figures checked November 10, 2026.