Legal Question in Real Estate Law in Florida

Quit Claim Deed

I have a notarized quit claim deed & have refinanced the property. The property appraiser shows the home in only my name, but now after a refinance 6 years ago, the lender says that since the quit claim deed did not have 2 witness signatures, it is not valid. Must the quit claim deed be witnessed in addition to notarized to be in effect? The property is in FL but the person signing the Quit Claim is in OK.


Asked on 9/25/08, 8:44 am

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: Quit Claim Deed

Yes. A Florida deed requires to witnesses

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Answered on 9/25/08, 5:21 pm
Frank J. Pyle Probate Attorney Throughout Florida

Re: Quit Claim Deed

The bad news is that Mr. Slater is correct this time. A deed to Florida property must have two witnesses by statute, or it is not valid. The clerk of court will record it if it is notarized, but that does not make it any more valid.

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Answered on 9/25/08, 9:00 pm


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