Legal Articles

Recording Rules

This post will summarize some of the requirements for Recording Instruments Affecting Real Property in Florida.

PRINTED NAME AND ADDRESS REQUIRED OF ALL PARTIES- The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument. In addition: In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument.

PRINTED NAME AND ADDRESS REQUIRED OF PREPARING ATTORNEY- The name and post-office address of the natural person who prepared the instrument or under whose supervision it was prepared are legibly printed, typewritten, or stamped upon such instrument.

2 WITNESSES REQUIRED- All interests in real property (including deeds, mortgages, encumbrances, assignments) must have instrument signed 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 lawfully authorized agent, unless by will and testament, or other testamentary appointment, duly made according to law.

PRINTED NAME REQUIRED BELOW WITNESS SIGNATURE-The name of each witness to the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such witness.

ACKNOWLEDGEMENT BY NOTARY PUBLIC REQUIRED- 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.

PRINTED NAME REQUIRED BELOW NOTARY SIGNATURE-The name of any notary public or other officer authorized to take acknowledgments or proofs whose signature appears upon the instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such notary public or other officer authorized to take acknowledgment or proofs.

COUNTY, STATE, DATE OF ACKNOWLEDGEMENT/JURAT, NOTARY EXPIRATION DATE REQUIRED.

A 3-inch by 3-inch space at the top right-hand corner on the first page and a 1-inch by 3-inch space at the top right-hand corner on each subsequent page are reserved for use by the clerk of the court.

I hope this quick summary of some of the recording rules help you to avoid costly mistakes in recording your documents.

Posted at June 13, 2016, 12:55 p.m.