Recording Your Deed: Florida’s Requirements
It cannot be stressed enough the importance of recording your deed in the county in which the property is located. We will discuss why it is so important in a future article. Suffice it to say for now, that the act of recording your deed is crucial to protecting your property rights.
The Florida Constitution and Florida Statutes state that the Clerk of the Circuit Court is the official recorder of all instruments that may, by law, be recorded in the county. As the “official” recorder, the Clerk maintains a wide range of instruments. These typically include: deeds, leases, bills of sale, promissory notes, mortgages, judgments, claims of lien, satisfactions, certificates of discharge, lis pendens, and any other instrument authorized or required by law to be recorded.
That being said, recording of a deed requires certain formalities. Florida law dictates the formalities that must be followed in order to “perfect” the recording of a deed in Florida.
F.S. 695.26; Requirements for recording instruments affecting real property.—
(1)No instrument … shall be recorded by the clerk of the circuit court unless:
(a)The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;
(b)The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument;
(c)The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness;
(d)The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs;
(e)A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court; and
(f)In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument.
In addition to the above recording requirements, there are also witness, property description, and other conditions that if not handled properly, could invalidate the entire conveyance. Remember, this blog is only discussing the requirements to record your deed, not the substance of the deed itself.
The cost of having an attorney draft a deed is nominal in comparison to the potential risk you could face by not drafting it properly. If you are buying or selling real estate in Southwest Florida, or are considering changing the legal title, you should speak with a licensed Florida attorney. If you would like schedule a free consultation, or have any questions, comments, or suggestions on upcoming topics, please comment below or email GuirguisLaw@gmail.com.
This is a generalized discussion and is not intended for any particular set of facts and should not be relied upon as such. By no means does this blog create an attorney-client relationship or attorney-client privilege between the Attorney and the readers. The law frequently changes as new cases are decided and published regularly. Anything relied upon in this or any blog, is done so at the readers own risk.
VERNON W. GUIRGUIS, ESQ.
The Guirguis Law Firm, PLLC
1423 S.E. 16th Place, STE 204
Cape Coral, Florida 33990
Posted on September 12, 2012, in Legal and tagged Attorney, Clerk of Circuit Court, Deed, Deed Recorded, F.S. 695.26, Florida Constitution, Fort Myers, Lawyer, Legal Schmegal, Lien, lis pendens, Mortgage, Notary, Property Guiding, The Guirguis Law Firm, Vernon Guirguis. Bookmark the permalink. 1 Comment.