Posted by djcookinFL on 9/12/05 9:47am
Msg #64746

Warranty Deed in FL

Yesterday I had a Warranty Deed where five people needed to sign the deed. Do I need five separate witnesses? If so, can some of the signers witness for each other? Please advise as to the proper and most efficient way to handle this. Thanks so much!

Reply by PAW_Fl on 9/12/05 10:10am
Msg #64752

No, you do not need 5 witnesses, only two, disinterested parties, one of which can be the notary public, to witness all the signatures to the deed. You notary certificate (acknowledgment) must reflect each of the signer's names, but not the witness names.

So to answer your specific questions:

You do not need 5 witnesses. Only 2.
No, signers cannot be witnesses. Only disinterested parties can witness the signing.

Be sure the witness PRINTS their name beneath their signature or the deed will be rejected.

Properly ID all the signers and enter the ID information in your journal. Have all signers sign the deed. Notarize the signatures of all signers by completing the acknowledgment certificate indicating all elements required by FL statute, including signer's names, date of acknowledgment, type of identification used, venue, your signature AND PRINTED NAME BENEATH your signature and stamp.

Reply by BobRogers_FL on 9/12/05 2:06pm
Msg #64798

It would appear that you are a little late in asking the question. If your signing was yesterday, it would have had to of been witnessed yesterday.

Reply by Anonymous on 9/12/05 11:04pm
Msg #64888

What is a Warranty Deed; we don't have these in Calif?

Reply by DMARTZ_IN on 9/12/05 11:32pm
Msg #64892

A warranty deed implies certain warranties, First, it implies that the grantor has not previously conveyed any title to the property to another. Second, it implies that the property is, at the time of the conveyance, free from any liens allowed to be plced on the property by the grantor or the grantors agent. In a normal situation, this second implication is achieved by payoff of any existing liens against the property through the sales escrow prior to the property's conveyance. In addition to the warranties above, a warranty deed also warrants that the grantee will have good title to the property, and that the grantee will have possession of the property following the transfer.

Reply by Anonymous on 9/13/05 12:23am
Msg #64894

Is there anyway to compare it to any of the "Deeds" we do in Calif: Deeds of Trust, Grant Deed, Quit Claim Deed, Deeds of Reconveyonce, Trustee Deeds?
Thank you for your help.

Reply by BrendaTX on 9/13/05 4:09am
Msg #64898

Re: Warranty Deed in FL - Anon CA

A warranty deed assures the buyer that the Seller has not caused a problem with the title, if I remember and understand correctly. (A quitclaim deeds conveys whatever title the seller owns but with no warranty against the claims of others. )


It seems like a CA grant deed is the closest thing to it. However, skimming through, I did not see the word "warrant" in the grant deed. A warranty deed warrants something about the property's title, if that makes sense.

(Disclaimer: Not giving legal advice...I am not a lawyer, or a Middle School Shop Teacher, and I am certainly not the First Lady. However, I am very interested in playing any of these on television. )

Reply by PAW_Fl on 9/13/05 8:56am
Msg #64919

To see what the different kinds of deeds are, visit NOLO.com. Specifically:
http://www.nolo.com/article.cfm/ObjectID/AFB68DC0-43E1-441A-A4DD32ED0B20DD6F/catID/DE246952-56DE-4DE2-BB6C29FA50C961A2/213/243/282/FAQ/