Re: Defective Warranty Deed
first, obviously, you need to respond but my question is; are you being sued? If so, what for? I would suggest you were included merely because the lender is not clear all interests to the property were conveyed with the deed in question. For them to be legally allowed to foreclose, they need to be able to claim all interests from all parties involved.
Without getting specific to Florida;
yes, the deed is defective. In many states, the marital status is critical because there are legal claims available to a spouse and could cause the title to be clouded. It is not clear if the title holders were single or married so there may be a spouse somewhere that still has a claim to the property without the info not provided on the deed.
The situation is; you need to find out how to amend the deed already filed to clarify the marital status. For efficiency and speed, I would suggest speaking with a local real estate attorney to determine the proper action to make the correction. Not sure but the courts, via this action, may be able to amend the deed with the proper info.
and no, a QC deed will not correct the warranty deed since a QC deed merely transfers whatever interest you hold in a property to the grantee. You no longer have any rights in the property and what you are trying to do is simply clarify the info on the deed. A QC deed could not do that.
I am not an attorney and any advice is not to be construed as legal advice. You might even want to ignore my advice. Actually, there are plenty of real attorneys that you might want to ignore as well.