Can a Notary Notarize a Quit Claim Deed in Florida?

Yes, a notary public in Florida can notarize a quit claim deed. Notarization is required when executing a quit claim deed, ensuring the document is properly executed and the signatures are authentic.

While notarization is straightforward, consulting a real estate attorney when executing a quit claim deed is always advisable. An attorney can ensure the deed is drafted correctly, complies with all legal requirements, and addresses any potential issues related to the property transfer.

Here are the key points to understand about notarizing a quit claim deed in Florida:

Role of the Notary:

1. Verification of Identity:
   • The notary public verifies the identity of the signers (grantor and grantee) using valid identification documents, such as a driver's license or passport. This helps prevent fraud and ensures that the individuals signing the deed are who they claim to be.
2. Witnessing the Signing:
   • The notary witnesses the signing of the quit claim deed by the grantor. The grantor must sign the deed in the notary's presence for the notarization to be valid.
3. Acknowledgment:
   • The notary acknowledges that the grantor signed the deed voluntarily and was competent when signing. The notary then affixes their official seal and signature to the document.

Additional Requirements:

1. Two Witnesses:
   • In Florida, executing a quit claim deed also requires the signatures of two witnesses. The notary public can serve as one of the witnesses, but an additional witness is still needed.
2. Recording the Deed:
   • After notarization, the quit claim deed should be recorded with the county recorder's office where the property is located. Recording the deed provides public notice of the property transfer and helps protect the grantee's ownership rights.

A notary public in Florida can notarize a quit claim deed, verifying the signers' identities and witnessing the signing. Two witnesses must also sign the deed, which should be recorded with the county recorder's office. Consulting a real estate attorney is recommended to ensure a smooth and legally sound transaction.

Published: May 23, 2024

Updated: May 23, 2024

This FAQ is for informational purposes only and does not constitute legal advice. We make no representations or warranties about this FAQ's completeness, accuracy, reliability, or suitability. Each legal situation is unique; consult an attorney for personalized guidance.