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In the state of Florida how many witnesses are required on a deed?
Wiki User
∙ 13y ago
The quick answer to this seeming problematic area of real property recordings in Florida is that only deeds that convey property need to be witnessed by 2 subscribing witnesses. (F.S.A. 689.01)
Mortgages do not convey property, so witnesses are not required. Both deeds and mortgages, or any document concerning real property to be recorded in Florida, must conform to the recording statute. (F.S.A. 695.03)
The statutes are provided below for your reference.
Florida Statutes Chapter 689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law.
Florida Statutes Chapter 695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.--
To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers and in the form and manner following:
(1) WITHIN THIS STATE.--An acknowledgment or proof made within this state may be made before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or a notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. All affidavits and acknowledgments heretofore made or taken in this manner are hereby validated.
(2) WITHOUT THIS STATE BUT WITHIN THE UNITED STATES.--An acknowledgment or proof made out of this state but within the United States may be made before a civil-law notary of this state or a commissioner of deeds appointed by the Governor of this state; a judge or clerk of any court of the United States or of any state, territory, or district; a United States commissioner or magistrate; or a notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. If the acknowledgment or proof is made before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, "I am a Notary Public of the State of (state) , and my commission expires on (date) ."
I hope this answers your questions.
Wiki User
∙ 13y ago
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Is a notarized quit claim deed legal if the witnesses are the parties the property is being transferred over to?
If you are contemplating using those individuals as witnesses . . . don't. Parties to any legal transaction should not also be witnesses. If that has already been done then you should have the deed reviewed by an attorney to determine if it is legal and binding in your jurisdiction. It may be. Witnesses are not always required and if there was an independent acknowledgement the deed may be valid under your state laws.Note that a competent and vigilant notary public should dissuade the use of a party to the instrument as a witness.If you are contemplating using those individuals as witnesses . . . don't. Parties to any legal transaction should not also be witnesses. If that has already been done then you should have the deed reviewed by an attorney to determine if it is legal and binding in your jurisdiction. It may be. Witnesses are not always required and if there was an independent acknowledgement the deed may be valid under your state laws.Note that a competent and vigilant notary public should dissuade the use of a party to the instrument as a witness.If you are contemplating using those individuals as witnesses . . . don't. Parties to any legal transaction should not also be witnesses. If that has already been done then you should have the deed reviewed by an attorney to determine if it is legal and binding in your jurisdiction. It may be. Witnesses are not always required and if there was an independent acknowledgement the deed may be valid under your state laws.Note that a competent and vigilant notary public should dissuade the use of a party to the instrument as a witness.If you are contemplating using those individuals as witnesses . . . don't. Parties to any legal transaction should not also be witnesses. If that has already been done then you should have the deed reviewed by an attorney to determine if it is legal and binding in your jurisdiction. It may be. Witnesses are not always required and if there was an independent acknowledgement the deed may be valid under your state laws.Note that a competent and vigilant notary public should dissuade the use of a party to the instrument as a witness.
Does a deed require 2 witnesses?
no
Why should a wife be on a deed at closeing?
It depends on the state you live in, here in Florida it is automatic for a spouse to be added to any deeds at or prior to the closing. Florida is a community property state and the spouse MUST be on the deed, it is not required they be on the mortgage(NOTE)or loan. Now sometimes it does get missed by the title company, but with the amount of electronic information available to states, cities, counties etc... it will be realized at some point during the ownership of the parcel.
Does a husband have to sign a deed to sell the property owned by the wife?
The only type of deed a buyer signs is a condominium unit deed. In a community property state your husband may need to sign the deed. You should consult with an attorney in your state who can review your situation and explain your rights and options and also explain property ownership between married couples in your state.
Who is responsible for paying the transfer tax in a Florida commercial real estate transaction?
It depends on if it was mentioned in the purchase offer. In the state of Florida the seller commonly pays for the deed transfer taxes but there is not a mandate on who pays it.
Can a mortgage loan be required to be refinanced upon the death of the borrower in a community property state where there is a non-contributing spouse on the deed of trust?
Certainly.
Is acceptance of a deed to real property in South Carolina required for the deed to be effective?
Yes.Yes.Yes.Yes.
What is the the statute of limitation on a quiet title in the state of Florida?
Quoted from Answers.com; Wikipedia Florida has no redemption period. The winning bidder is provided a tax deed. A quiet title action must still be filed to obtain title insurance, however a tax deed in Florida is a sellable title. The title to the property becomes fully insurable four years after the date of the tax deed sale. Cases in which individuals were able to recover their property after a tax deed auction in Florida are extremely rare. They will take a court action and an extensive period of time. Also in Florida any improvements made on the property during the time the tax deed holder is in possession of the property must be reimbursed by the original owner should they be successful in their lawsuit to recover their property.
Who can be a witness to a deed in Florida?
Any attorney that is not part of the deed can be a witness to it. You also must be at least 18 years of age.
Who can sign a correction deed for decedent?
If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.If a corrective deed is required for a deed executed by someone who is now deceased, the deed must be executed by the court appointed estate represented according to the laws in the decedent's jurisdiction. You should contact an attorney who can review the situation.
In Florida can two non-married people with different incomes have both their names on a mortgage and the deed?
Absolutely. Anyone can be named on a deed.
Does a wife have to sign a deed to sell the property owned by the husband?
You must check with an attorney in your state to determine if a husband's signature is required. There are different rules in different jurisdictions.
