Posted by Dan Galbraith on 1/25/13 6:01am
Msg #452067
Florida signatory and acknowledgment ???
First of all Greetings and thanks in advance.....new guy here
We (my wife and me) received a Warranty Deed in FL for our property in December 2001. Upon scrutiny I have found several issues that I believe need to be questioned.
BACKGROUND
This deed is from Grantors that reside in Mn.....we know for a fact that they were not present in Fl at the signing as the RE agent and Title agent made a big deal out of all of the overnight deliveries. The Grantors signatures are notarized as if they were physically in FL.
The body of the deed is dated December 20, 2001, but the FL notary and acknowledged signatures are dated December 19, 2001.
The witnesses were the RE agent (who had a fiduciary interest in the transaction) and the notary who is also the title agencies employee
I am familiar with the FL Statutes (FS 117) regarding notaries, but the information I am seeking
concerns the validity of the document as there are mortgages and other issues.
Can someone point me towards any information concerning title insurance coverages or verbiage I can use to pursue my answers in statutes or case law.
p.s. - not a lawyer, but I am a Land Surveyor so I apologize if it appears I am crossing any lines.
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Reply by BobbiCT on 1/25/13 7:00am
Msg #452069
Florida Deed Validity Questions ...
You will only receive personal opinions from notaries public on this site. The opinions will give you information but not "safe" legal advice.
As someone who works regularly with title companies and attorneys, your question requires a "legal" opinion. If you know a "friendly" attorney in Florida, that attorney after reviewing the deed and asking what you what to do about it, MAY give you a no charge opinion. As I recall, the top left corner of the deed lists the "preparer," generally a title insurance company with a staff attorney who may also answer your question. If you purchased title insurance, call your title insurance company attorney.
An example of why I recommend an attorney answer: In Connecticut, after two years of "public notice without challenge" (aka filing on the Land Records), any notarization errors are "cured" by the Validating Act. (For the curious, I've even seen a missing second witness cured; however, adding a witness who was not present at the signing invalidated the document because that was "fraud," not an omission.) Your questions to an attorney: Do you want to pursue the fraudulent notarization now (when it appears you knew in 2001 that it was fraudulent). What is your goal; a lawsuit to invalidate your purchase of the property? FYI. Very common for real estate agent and notary employees to witness real property documents nationwide; I see this all the time for Florida deeds.
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