Mike In Florida. How to avoid paying doc stamps on a quite claim? I transfered our house title to my wife. Due to new circumstances: rugular absense due to work, having a new baby and my mother coming to live with us, we felt it was necessary to ensure my wife has control over the house. However, the title company which assisted us in the title transfer did not inform us that there would be a doc stamp Florida state cost to transfer the title to my name. The title company only told us the cost to record the document. Now I have a $2k fee that I cant pay.
I'm about to send a dispute letter and cite: Florida Supreme Court’s decision in Florida Department of Revenue v. De Maria, 338 So. 2d 838 (Fla. 1976), in which the court defined “purchaser” under the statute as “one who obtains or acquires property by paying an equivalent in money or other exchange in value. The court would note we paid nothing for the transfer of the property and ownership essentially remained the same and state doc stamps are not due. The transfers were mere book transactions and were not sales to a purchaser as contemplated in the statute. The Second District reversed the Florida Department of Revenue’s final order.
I need some legal advise here how to get out of this mess.
I'm about to send a dispute letter and cite: Florida Supreme Court’s decision in Florida Department of Revenue v. De Maria, 338 So. 2d 838 (Fla. 1976), in which the court defined “purchaser” under the statute as “one who obtains or acquires property by paying an equivalent in money or other exchange in value. The court would note we paid nothing for the transfer of the property and ownership essentially remained the same and state doc stamps are not due. The transfers were mere book transactions and were not sales to a purchaser as contemplated in the statute. The Second District reversed the Florida Department of Revenue’s final order.
I need some legal advise here how to get out of this mess.
