Legal Question in Real Estate Law in Florida
Quticlaim validity when not properly witnessed
In the town of Broward a quitclaim was filed and accepted by the clerk with only one witness. To my knowledge two wittness are required. Is this document vaild and binding as recorded.
3 Answers from Attorneys
Re: Quticlaim validity when not properly witnessed
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
I hesitate to differ from the previous two answers but I would say a qualified maybe. As a real estate attorney, I can tell you that if the document was witnessed and then notarized by another party, although it is preferred to have the notary sign again, the Deed may be valid. The notary may be a second witness and some attorneys will allow the notary's signature to count as that second witness.
I strongly suggest that you have a qualified real estate attorney review your instrument in order to determine its validity.
Scott R. Jay, Esq., 305-249-8000
Re: Quticlaim validity when not properly witnessed
no
Re: Quticlaim validity when not properly witnessed
No. The clerk will record a deed as long as it has been notarized, but it is not legally effective without two witnesses (the notary may be one of the witnesses, but must sign twice, once as a witness and once as the notary).