Legal Question in Real Estate Law in Florida

We (my wife and me) received a Warranty Deed in FL for our property in December 2001. Upon scrutiny I have found several issues that I believe need to be questioned.

BACKGROUND

This deed is from Grantors that reside in Mn.....we know for a fact that they were not present in Fl at the signing as the RE agent and Title agent made a big deal out of all of the overnight deliveries. The Grantors signatures are notarized as if they were physically in FL.

The body of the deed is dated December 20, 2001, but the FL notary and acknowledged signatures are dated December 19, 2001.

The witnesses were the RE agent (who had a fiduciary interest in the transaction) and the notary who is also the title agencies employee

I am familiar with the FL Statutes (FS 117) regarding notaries, but the information I am seeking

concerns the validity of the document as there are mortgages and other issues.

Can someone point me towards any information concerning title insurance coverages or verbiage I can use to pursue my answers in statutes or case law.


Asked on 1/25/13, 6:43 am

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

I think you need to take your paperwork to a real estate attorney. The only one who could question any irregularities in the deed would be the grantor, the old owners. They also have an obligation to execute any supplemental documentation which may be necessary to clear title. You wont have any independent actions against them unless they refuse or fail to execute any additional documentation.

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Answered on 1/25/13, 7:11 am


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