Question 1

What are the requirements for recording xerographic copies of title documents in Florida?

Accepted Answer

FL recording requirements: Section 695.11: sets the standards for documents recorded in the official records. Requirements: original document (the clerk generally prefers: original executed documents for recording; certified copies are: accepted for foreign judgments, court orders, and certain other instruments), legibility (the document must be: clearly legible; poorly copied xerographic copies may be: rejected by the clerk), proper format (the document must meet: format requirements: margins, font size, and first page requirements), recording fees (the recording party must pay: the clerk’s recording fees: typically $0 for the first page and $8.50 for each additional page plus documentary stamp taxes and intangible taxes if applicable), and return address (the document must include: a return address for the recorded document).

Question 2

Can a xerographic copy of a deed be recorded in Florida?

Accepted Answer

Xerographic deed recording: generally no (the clerk prefers: original executed deeds for recording). However: certified copies of previously recorded deeds: can be re-recorded or used as evidence. If the original is lost: the party can: file a lost instrument affidavit and record: a certified copy from the clerk’s records. For out-of-state documents: the clerk may accept: a certified copy from the originating jurisdiction. The important principle: the act of recording creates: constructive notice to all subsequent purchasers and lien holders (Section 695.11). A properly recorded xerographic copy that meets all format requirements: has the same legal effect as a recorded original.

Question 3

What are the consequences of recording a defective xerographic copy in Florida?

Accepted Answer

Consequences: rejection (the clerk may: reject the document and return it to the recording party), defective recording (if the clerk accepts a defective copy: the recording may be: challenged by parties who claim they could not: read or understand the document), title issues (a defective recording may: create cloud on the title, raise questions about: the validity of the document, and affect: title insurance coverage), and notice (if the copy is illegible: subsequent purchasers may argue that: the recording did not provide constructive notice because: they could not read the document). The recording party: should ensure that all xerographic copies are: clear, legible, and meet the clerk’s format requirements before recording.

Xerographic Title Document

Xerographic Title Document Recording

Requirements

Can You Record?

Defective Copies

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