Sunday, June 25, 2017 01:42

Florida Recording Requirements

Recording a document in the official records of a County is required in many circumstances to protect both you and the general public. In many ways, it serves to put the world on notice about subject of the document you recorded.

The following documents can be recorded: Deed’s, Mortgages, Satisfactions, Releases, Liens, Assignments, other instruments relating to the ownership, transfer or encumbrance of real property and any other documents which are received or authorized by law to be recorded.

Proper preparation of documents lies with the customer, pursuant to Florida Statute 695.26.

Every document presented for recording must have a three-inch by three-inch (3” x 3”) blank square at the top right corner, for use by our office. If not enough space is available, you will be charged an additional fee for another page.

Use legible writing, black print or typing for best reproduction by microfilming or photographing techniques. Be sure to date the body of the instrument.

All instruments, except mortgages, that transfer any interest in real property, must contain the correct mailing address of the grantee, the person who is buying the property.

The name and address of the person who prepares a document that pertains to the transfer of real property must be shown on that document.

All items to be recorded must come with a self-addressed stamped envelope. The name and address (with zip code) of the person to whom the recorded instrument will be returned must be written on the back of the document. The information on the back of the document and on the envelope must agree. Include firm name, if there is one.

Be sure that the legal description of any real or personal property is accurate.

The spelling of names should be carefully verified. The form and spelling of any names in the instrument should be identical with the names and signatures in the document. The name must be typed or printed below every signature.

Any document transferring any property requires two witnesses for each signature. However, the signature of a corporation uses a corporate seal instead of witnesses.

A person signing a document to be recorded must sign before the proper authority, such as a notary public. A notary must state what form of identification was used, affix his seal and state the date that his appointment expires, as well as printing his name.

Depending on the exact circumstances and nature of the document being recorded, you may also have to pay Documentary Stamp Taxes.

If you need assistance recording a document, drafting a deed or other legal document, or would like other legal advice regarding your business, please contact The Gordon Law Firm | P.A. at www.thegordonfirm.com.  The Gordon Law Firm serves Clearwater, St. Petersburg, Tampa, and throughout Florida.  The Gordon Law Firm can help you understand your rights, seek justice and represent your needs. 

“Making the law work for you and your business”

Please note that the above questions were answered generally in context of Florida Law. The laws of other states may differ. In addition, the statements above are general comments about the law. As such, these statements should not be relied upon when making a legal decision. If you have any questions, please consult with an attorney licensed to practice law in your jurisdiction.

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