Reply by PAW_Fl on 2/9/06 3:15pm
Msg #95887
I get asked this question numerous times. Below is an email response to one of those questions:
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.
|
but I can't find the actual law stating that 2 witnesses are required for deeds (not mortgages). Can anyone please direct me to the statute?