Florida Title Law Updates to be Aware of 

Starting January 1, 2024, there are important changes to Florida title law that you need to know. Now, in addition to including the printed, typewritten, or stamped name of each witness on certain recorded documents, you must also include the post office address of each witness. Those that do not include this information are likely to be rejected by the recording clerk.  

So what do Florida Statutes 695.26(1)(c) apply to? Specifically, “instruments by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of.” This description clearly includes deeds, mortgages, restrictive covenants, and easements.  

It is important to note that documents that don’t require witnesses, such as mortgages, might still be presented for recording with witnesses. In such cases, the address requirement may apply and the document may be rejected by the recording clerk, even if witnesses aren’t required in the first place. 

Also important to note is that Subsection 3 of the Statute does provide some exemptions, with the most significant one being for documents executed and acknowledged outside of Florida. 

When it comes to the “post office address” requirement for the witnesses, it does not appear that a home address is required, so a business mailing address or post office box address should suffice. However, this may vary depending on the specific recording office’s interpretation of the term “post office address.” 

If your company uses standard forms for documents that provide for witnesses, such as deeds or mortgages, it’s crucial to update them to include witness addresses if it could be submitted for recording in Florida after January 1, 2024. 

At  Venture Title Services, we work with industry partners to provide calm where sometimes it doesn’t exist. Contact us if we can help you ensure efficient and successful real estate closings for your clients. 


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