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Stat. § 689.01 lists three basic requirements for the validity of a Florida deed: The deed must be signed by the transferor (the current owner) of the property or his or her duly authorized agent or representative. The deed must be signed in the presence of two witnesses, each of whom must also sign the deed.
Florida law does not require a deed to be recorded to be valid in Florida. According to Florida law, a deed is valid between two parties when executed, notarized and delivered. Recording the deed gives notice of ownership to third party purchasers.
Under Florida law, an unrecorded deed is void insofar as creditors or purchasers who have no notice of the transaction recorded in that deed. However, the deed will be valid as between the parties (the granter and grantee) in that unrecorded document.
When done properly, a deed is recorded anywhere from two weeks to three months after closing. However, there are many instances where deeds are not properly recorded.
Although generally a deed does not have to be recorded to be a valid conveyance, there are practical reasons for recording a deed. Deeds usually do not take effect as to creditors and subsequent purchasers without notice until the instrument is recorded.
If the deed is lost or misplaced and the homeowner needs the original document, a property owner can simply request, from the County recorder, a certified copy of the document either in person, or by mail. A certified copy has the same legal significance as the original document.
In order to look up a Florida Deed, you will need to first determine the name of the county where the property is located. For example, if you need to find a property in the City of Davie, Florida, then you will look in Broward County public records.
You need the deed to prove ownership of your house such as when taking out a second mortgage or selling the house. If you or your attorney doesn't have a copy, locate the deed at the county recorder of deeds office. Many deeds can be located by accessing your jurisdiction's online records.
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