Deeds are some of the most important legal documents people execute. They create a record of the transfer of real property from one owner to the next. People may use deeds when selling real property. They may execute deeds as part of an estate plan. They may even need a deed to handle real property issues after a divorce.
While there are templates for various types of deeds including warranty deeds and quit claim deeds online, basic documents from the internet may not actually hold up under scrutiny at the county recorder’s office or in civil court if there is a dispute later. Issues with their execution can also raise questions later.
What does the state require for a deed to be a valid legal instrument?
1. The signatures of the owners
The most important component of any deed is the signature of the current owner. Their spouse may also need to sign the document even if their name is not on the title.
Spousal property rights make spousal rescission necessary in certain real estate transactions. The current owner and possibly their spouse must sign the deed to transfer the property to another party.
2. Notarization
Given the power that deeds have and the value of real estate, there is plenty of incentive for fraud. People might misrepresent themselves as the owner of a property using falsified government identification and other forms of manipulation.
A notary public works as an agent of the state. They confirm the identity of the party signing the deed and affix their seal as a means of validating the legitimacy of the document. Notarization is necessary for any deed executed and recorded in Florida.
3. Two witness signatures
A notary is just one person. They might overlook information, such as indicators that the person signing the deed has experienced cognitive decline.
Therefore, it is standard practice to require the signatures of two adult witnesses in addition to notarization. Doing so further helps to deter fraud. Those witnesses can give testimony in cases where there are questions about misrepresentation or a lack of cognitive capacity.
Learning more about the regulations that apply to real estate deeds can be beneficial for those preparing for transactions. Buyers and sellers with the right assistance when drafting or completing legal documents may be less likely to run into complications later.