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Posted on: January 16, 2024

New Requirements for Recording In Official Records

PSA-OfficialRecordsRecordingRequirements

NEW REQUIREMENT FOR RECORDING INSTRUMENTS IN THE OFFICIAL RECORDS

 

Effective January 1, 2024, certain documents presented for recording in the Official Records must include the post office address of each witness.  This new requirement, found in section 695.26 of the Florida Statutes, is part of the Legislature’s overall effort to combat real property fraud.  

 

Section 695.26 provides several requirements before an instrument “by which title to real property or any interest therein is conveyed, assigned, or encumbered or otherwise disposed of” can be recorded in the Official Records.  Currently, this section requires the name of each witness to be legibly printed, typewritten, or stamped directly beneath the signature of the witness.  Effective January 1, the statute will require the post office address of each witness to be legibly printed, typewritten, or stamped upon the instrument.  

 

Note that the preconditions in section 695.26 apply to the recording of instruments in the Official Records.  This means that documents falling under the requirements of 695.26 must comply with the statute at the time of recording or else the document cannot be recorded in the Official Records.  

 

For a full list of recording requirements for instruments affecting real property please refer to section 695.26 of the Florida Statutes by clicking here.

 

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