Question 1

Why must real estate documents be notarized in Florida?

Accepted Answer

Notarization requirement: Florida law requires notarization for: deeds (Section 695.26: a deed must be signed in the presence of two witnesses and acknowledged before a notary public to be recorded), mortgages (must be notarized for recording), easements, covenants, and other instruments affecting real property (must be notarized for recording), and powers of attorney (Section 709.2105: a power of attorney must be signed by the principal in the presence of two witnesses and a notary). Notarization: verifies the signer’s identity, confirms the signer acted voluntarily, creates a presumption of genuineness, and allows the document to be recorded in the county’s official records.

Question 2

What happens if a Florida real estate document is not notarized?

Accepted Answer

Without notarization: the document cannot be recorded (the county clerk will reject it), the document does not provide constructive notice (third parties are not deemed to know about the interest), the document may still be valid between the original parties (as a contract), but cannot be enforced against third parties who acquire an interest without knowledge. Example: an unrecorded, unnotarized deed is valid between the grantor and grantee but cannot defeat a subsequent purchaser who buys without knowledge of the prior deed.

Question 3

Can real estate documents be notarized remotely in Florida?

Accepted Answer

Remote notarization: yes, Florida authorizes online notarization under Section 117.265: the notary and signer communicate through audio-video technology (the signer does not need to be physically present), the signer’s identity is verified through credential analysis and knowledge-based authentication, the session is recorded (audio-video recording must be maintained for 10 years), and the notary applies a tamper-evident electronic seal. Florida was one of the first states to authorize online notarization (2020). Remote notarization is particularly useful for: out-of-state and international property buyers, closings during travel or health restrictions, and estate planning documents for elderly or homebound clients.

Notarized Document

Notarized Documents in Florida Real Estate

Why Required

Without Notarization

Remote Notarization

Related Terms

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