Substitution of Trustee Filing in Florida
A Substitution of Trustee is a document used to formally replace the current trustee named in a deed of trust with a new trustee. This typically occurs when the lender changes or assigns loan servicing rights to another party.
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Frequently Asked Questions
Get answers to common questions about deed preparation and property transfers
What is the difference between a quitclaim deed and a warranty deed?
A quitclaim deed is used to add or remove someone's name on the title where they are simple changes with no guarantees on the title and transfer. Some states may record them but they may not be recognized as a valid transfer. A warranty deed provides greater protection as it contains language that makes promises regarding the conveyance of ownership along with any rights the property has with it.
I am recently married and want to add my spouse to the existing deed - what needs to be done?
A new deed will need to be prepared and recorded with the county. We would be happy to assist you; to begin the process, please start your deed order.
I am recently divorced and need to be removed (or remove former spouse) from existing deed - what needs to be done?
If an attorney was used for the divorce, you may want to verify if the attorney has already followed-through with the recording of the new deed. If not, a new deed will need to be prepared and recorded with the county. We would be happy to assist you; to begin the process, please start your deed order.
What do I do if the person(s) currently listed on the deed is deceased and has a Will?
Since the person(s) stated on the deed is now deceased, the property will have to go through probate and be awarded by the court. You will need to contact a probate attorney for further assistance.
What do I do if the person(s) currently listed on the deed is deceased and did not have a Will?
Since the person(s) stated on the deed is now deceased, the property will have to go through probate and be awarded by the court. You will need to contact a probate attorney for further assistance.
My spouse has passed away and I need to remove their name from the existing deed - what needs to be done?
Depending on the state, an Affidavit Terminating Joint Tenancy will need to be prepared and recorded with the county recorders office. We would be happy to assist you; to begin the process, please start your deed order.
I want to add someone to my existing deed - what needs to be done?
A new deed will need to be prepared and recorded with the county. We would be happy to assist you; to begin the process, please start your deed order.
I want to remove a co-owner from the existing deed, what needs to be done?
A new deed will need to be prepared and recorded with the county. We would be happy to assist you; to begin the process, please start your deed order.
I want to transfer my property from me, as an individual, to my trust which I have already set up — what needs to be done?
A new deed will need to be prepared and recorded with the county. We would be happy to assist you; to begin the process, please start your deed order.
Estate Planning Professionals
How quickly can you prepare trust transfer deeds for my estate planning clients?
We understand that estate planners need efficient deed preparation services. Our standard processing time is 10 business days for trust transfer deeds. We can prepare deeds transferring property from individuals to revocable living trusts, irrevocable trusts, and other estate planning vehicles. Rush service is available for urgent client needs. We handle all recording with the county recorder's office to ensure proper title transfer.
Do you offer volume discounts for estate planning firms with multiple deed orders?
Yes, we provide special pricing for estate planning attorneys and firms who regularly need deed preparation services. Our volume discount program starts at 5 deeds per month and offers increasingly better rates for higher volumes. We also offer dedicated account management, priority processing, and customized billing options for estate planning professionals. Contact us to discuss a partnership arrangement tailored to your practice's needs.
Can you handle complex joint tenancy and community property deed changes for estate plans?
Absolutely. We specialize in all types of ownership transfers common in estate planning, including converting joint tenancy to tenancy in common, changing community property to separate property with spousal consent, and creating joint tenancy with rights of survivorship. Our deed experts understand the nuances of each ownership type and ensure proper language is used to achieve your client's estate planning goals while maintaining step-up in basis advantages where applicable.
What documentation do you need from estate planners to prepare deeds for their clients?
We've streamlined our process for estate planning professionals. We need: (1) Current vesting deed or title report, (2) Trust name and date if transferring to trust, (3) Legal description of property, (4) Names of all parties involved in the transfer, and (5) Desired vesting language. We can work directly from your trust documents to ensure deed language matches trust provisions. Our online portal allows secure document upload and tracking of all client deed orders.
Do you provide title insurance coordination for estate planning deed transfers?
Yes, we coordinate with title insurance companies to ensure continuous coverage after deed transfers. We can obtain preliminary title reports, coordinate with existing title insurers for endorsements, and ensure that trust transfers don't trigger due-on-sale clauses. Our team understands the importance of maintaining title insurance coverage for your clients' assets and will work with their existing policies to ensure seamless transfers that preserve their protection.
Can you prepare beneficiary deeds and transfer-on-death deeds for estate planning?
Yes, we prepare beneficiary deeds (also known as transfer-on-death deeds) in states where they're recognized. These deeds allow property to transfer automatically upon death without probate, making them valuable estate planning tools. We ensure compliance with state-specific requirements including witness and notarization requirements, proper beneficiary designation language, and recording procedures. We can also prepare revocation deeds if your client's plans change.
Do you handle deed preparation for LLCs and family limited partnerships in estate plans?
Yes, we regularly prepare deeds transferring property to and from LLCs, family limited partnerships (FLPs), and other business entities used in estate planning. We understand the importance of proper deed language to maintain liability protection and achieve estate planning objectives. Our deeds include appropriate entity authority language and ensure transfers comply with operating agreements and partnership documents. We can also prepare deeds for series LLCs and other complex entity structures.
Can you assist with deed preparation for post-death administration and trust administration?
Absolutely. We assist estate planning attorneys with deed preparation during probate and trust administration. This includes preparing deeds from estates to beneficiaries, trustee's deeds for distribution from trusts, and deeds effectuating specific bequests. We understand the importance of proper documentation in post-death administration and ensure all deeds include appropriate death certificate recording information and comply with state requirements for estate and trust distributions.
How do you ensure client confidentiality for estate planning deed preparation?
We maintain strict confidentiality protocols for all estate planning deed work. Our systems are HIPAA-compliant and use bank-level encryption for document storage and transmission. We can execute confidentiality agreements with your firm and implement specific security procedures you require. All staff members handling estate planning deeds are trained in confidentiality requirements. We never share client information and can white-label our services so all communication appears to come from your firm.
Do you provide Prop 13 (California) and tax reassessment analysis for trust transfers?
Yes, for California properties, we provide comprehensive Prop 13 analysis to ensure trust transfers qualify for parent-child or grandparent-grandchild exclusions where applicable. We prepare and file Preliminary Change of Ownership Reports (PCORs) and applicable exclusion claims. Our team stays current on reassessment rules and can advise on structuring transfers to preserve property tax benefits. We also handle similar tax assessment issues in other states with comparable property tax limitations.
Law Firms and Attorneys
Why do law firms outsource deed preparation to your service?
Law firms partner with us to increase efficiency and reduce overhead costs. Our deed preparation service allows attorneys to focus on billable work while we handle the time-consuming details of deed drafting and recording. Benefits include: guaranteed accuracy with our multi-point review process, faster turnaround than in-house preparation, reduced malpractice risk with our expertise in state-specific requirements, no need to train staff on deed preparation, and scalability to handle volume fluctuations without hiring additional personnel.
Do you offer white-label deed preparation services for law firms?
Yes, we provide complete white-label solutions for law firms. All deeds are prepared on your firm's letterhead and appear to come directly from your office. Our white-label services include:
- Custom branded documents with your firm's logo and information
- Direct delivery to your clients under your firm's name
- Invisible backend support - your clients never know we're involved
- Dedicated phone line answered with your firm's name
- Email communications from your domain (if desired)
Can you handle deed preparation for divorce and family law matters?
Absolutely. We regularly work with family law attorneys on deed preparation for divorce settlements, separation agreements, and property divisions. Our services include preparing quitclaim deeds to remove ex-spouses from title, interspousal transfer deeds to avoid reassessment, deeds to effectuate court-ordered property divisions, and coordination with divorce decrees and marital settlement agreements. We understand the sensitive timing in family law matters and prioritize these orders to meet court deadlines.
What types of deeds can you prepare for real estate law firms?
We prepare all types of deeds for real estate transactions, including:
- Warranty Deeds - General and special warranty deeds with full covenants
- Quitclaim Deeds - For clearing title issues and removing parties
- Grant Deeds - California and other state-specific grant deeds
- Bargain and Sale Deeds - With and without covenants
- Trustee's Deeds - For foreclosures and trust distributions
- Correction Deeds - To fix errors in previously recorded deeds
- Deed of Trust/Mortgage - Security instruments for lenders
What is your typical turnaround time for law firm deed orders?
Our standard processing is 10 days from receipt of complete information. For law firm partners, we offer:
- Rush Service - Expedited preparation for urgent matters
- Priority Queue - 2 business day processing for partner firms
- Bulk Processing - Efficient handling of multiple deeds with consistent timing
- Emergency Service - Exclusive pricing for law firms and estate planners
How does your billing work for law firms? Can we pass costs to clients?
We offer flexible billing arrangements designed for law firm needs:
- Monthly Billing - Consolidated invoicing for all deed work
- Client Matter Billing - Detailed breakdowns by client/matter number
- Trust Account Compatible - We can bill client trust accounts directly
- Markup Friendly - Our invoices allow easy pass-through billing to clients
- Volume Discounts - Reduced rates based on monthly deed volume
How do you ensure accuracy and reduce malpractice risk for attorneys?
We maintain the highest accuracy standards to protect your firm from malpractice claims:
- Three-tier review process - Every deed is reviewed by multiple specialists
- State-specific expertise - Dedicated teams for each state's requirements
- Title verification - We verify current vesting before preparing new deeds
- E&O Insurance - We carry substantial errors and omissions coverage
- Recording confirmation - We track all recordings and provide confirmation
- Compliance updates - We monitor law changes and update processes immediately
Do you integrate with law firm practice management software?
Yes, we integrate with major legal practice management systems to streamline your workflow:
- LEAP - Direct matter integration and ordering
- MyCase - Document management and billing integration
- PracticePanther - Automated workflow triggers
- Smokeball - Matter-based deed ordering
- API Access - Custom integrations for larger firms
Do you handle deed preparation for all 50 states?
Yes, we prepare deeds for properties in all 50 states plus D.C. Our state-specific expertise includes:
- Knowledge of each state's deed requirements and statutory forms
- Understanding of local recording requirements and fees
- Relationships with county recorders for smooth processing
- State-specific language for tax statements and exemptions
- Compliance with state transfer tax and disclosure requirements
What support do you provide to law firm partners?
Law firm partners receive comprehensive support including:
- Dedicated Account Manager - Single point of contact who knows your firm
- Attorney Hotline - Direct access to our legal team for questions
- Training Resources - Free CLE courses on deed law updates
- Marketing Materials - Co-branded materials to promote deed services
- Priority Support - Jump to the front of the queue for urgent matters
- Custom Workflows - We adapt our process to match your firm's procedures