Reply by Brad_CA on 8/24/06 7:28pm
Msg #140666
Re: Florida Mortgages DO NOT require witnesses
2006 State Witness Requirements (as determined by PROPERTY LOCATION)
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CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS ONLY
GA - 2 witnesses, one MUST be the notary
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one can be the notary
NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) Lenders may require witnesses, even though there is no state requirement
*Courtesy of Paw Notary in Florida
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Reply by Sylvia_FL on 8/24/06 8:53pm
Msg #140703
This question comes up a lot. Florida is not a witness state as far as the mortgage goes.
The Florida Statute governing the recording conveyances of real estate is section 695.03(1).
You will find a link to it at this URL.
http://www.flsenate.gov/Statutes/
RECORD OF CONVEYANCES OF REAL ESTATE
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.
However, the statues do require two (2) witnesses for deeds that convey property
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.
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