There are some basic Florida Deed Recording Requirements which must be met in order for your deed to be recorded and entered into the official county records. In Florida, you will be submitting the original deed to the Clerk of Circuit Courts and submission typically takes place at the general recording desk in that office. By following the guidelines and tips given here you will be able to record your deed and generate original deeds like a pro.
No employee of the Clerk of Circuit Courts Office can offer legal advice, so if the deed does not meet the requirements it will be rejected. Upon rejection, any questions you may have about deed recording requirements will result in the same answer. "We can not render legal advice speak to your attorney". If the deed was mailed in and does not meet the requirements, they will return it without recording. If the deed is received without proper doc stamp fee payment, they will not record it and it will be returned.
Florida Deed Recording, "Prepared By"
In the upper left hand corner of the 1st page of the document to be recorded there must be a "Prepared by and Return To" statement. Be sure that the address is correct before you hand over your deed to be recorded. Once clocked in, the only way to change it is to re record the deed. "Clocked in", is a term commonly used for the entering of the deed into the computer system so that an official book and page number is assigned and time of recording is registered. These items will be stamped on the deed.
Florida Deed Recording, "White Space"
On the first page of the deed to be recorded there must be a 3 inch square white space for recording purposes in the upper right corner. On all additional pages a 1 inch square white space in the upper right corner must be available for recording purposes.
Florida Deed Recording, "Body"
The deed body must contain:
- The names and addresses of Grantors (Sellers) and Grantees (Buyers) and must be legibly written or typed
- Legal description of property conveyed
- 2 unrelated witness signatures with printed names
- Property must lie within county the deed is recorded in
- Signature of Grantors with printed names
- Notary acknowledgement which includes:
- Names being acknowledged
- Date of acknowledgement
- Notary signature and printed name
- Notary seal and expiration date
Florida Deed Recording Requirements, "Status"
It is now required that the status of an individual who is party to a deed to be stated.
| Example:
Made on this 20th day of December, 2001, by Jose Gans, a
single man, whose address is: 989 Bruchetta St, Jacksonville FL
hereinafter called Grantor and to, James A. Mikel, a married man,
whose address is: 1115 Davis Rd, Miami, FL 32348 hereinafter called the
Grantee.
|
Florida Deed Recording, "Doc Stamp Fee"
Doc Stamp Fees are required at time of recording. If the deed is mailed in and insufficient funds are mailed, the unrecorded deed and check will be returned. Stating the amount of consideration or price can be done on a cover letter or separate from. The form is available from the Clerk's office or downloadable in most Florida counties from the Clerk's website. The stated amount of the transaction dictates the amount of the fee to be rendered to the Clerk.
Florida Deed Recording, Tips
- Sign deeds in blue ink. On occasion a deed has been returned to us unrecorded due to the signatures seeming unauthentic. If you are not using a closing agent or attorney for closing and are simply recording a deed for cash paid, it can be a real pain.
- Make a copy of the deed or have the Clerks office generate a certified copy until your deed is returned. You will have to surrender the original to the Clerk's office.
- Have a self addressed envelope with proper postage attached when you record your deed.
Get Free Florida Deed Samples
Google the County in which the property resides + Clerk of Courts Florida. Almost every county has a Clerk of Circuit Courts website and most have a link to the official records OR you can find the official records for every Florida County using this free click map
Once the official records link is found query "deed", or "D" or in some counties "DD". Restrict your query to the last 7 days or the number returned will be too large. You can now view the deeds previously recorded, print them out and retype them to suit your need.
Using the official records will indeed save you a lot of money. You can locate all types of recorded documents for free, including:
- mortgages
- liens
- real estate agreements
- assignments
- memorandums
- quit claim deeds
- warranty deeds
- special warranty deeds
and all can be viewed, printed and retyped for free from your home computer.
James A. Mikel
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