DECEMBER
2023
DEAR AGENTS AND VALUED CUSTOMERS —
In an ideal world, closing on your home would be as simple as signing on the dotted line, but in reality there is a lot to navigate in order to ensure a smooth settlement. This month’s newsletter covers new requirements for witnesses to instruments which convey, assign, encumber or dispose of real property. Sincerely, Laura Bowers, Managing Director
New Statutory Requirement for Witness Address Effective January 1, 2024 Effective January 1, 2024, each “instrument by which title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of” must include a post-office address for each witness in order to be recorded. Fla. Stat. § 695.26. This is in addition to existing requirements for recording instruments affecting real property, such as the requirement for the witness’ name to be legibly printed, typewritten, or stamped beneath such witness’ signature. The law does not define “post-office address,” and we have learned that different Clerk of the Circuit Court offices may interpret and apply the statute differently. FREQUENTLY ASKED QUESTIONS
3. Can a witness use their work address?
1. What address should a witness use?
Yes, a witness may use a work address, so long as they can be located at such address.
The law intends that each witness provide an address at which they can be located. For example, the address on a witness’ driver’s license would be acceptable.
2. Is a post office box address acceptable? While at least one Clerk has indicated they will accept a post office box address, other Clerks may not and may reject the instrument. Accordingly, to be on the safe side, use of a physical address is encouraged.
4. Can witnesses use the address of the title agency or law firm? Employees of the title agency or law firm handling the closing or document signing may use the title agency or law firm address; however, witnesses who are not employees of such title agency or law firm should not use that company or firm’s address. Continued on page 2
MSC Title, Inc | 1605 Main Street, Suite 500 | Sarasota, FL 34236 | 941.552.5211
Continued from page 1
5. What about instruments that do not convey, assign, encumber, or otherwise dispose of real property? Under Florida law, only instruments governed by Florida Statute § 689.01 and certain estate planning documents must be signed by two subscribing witnesses (for example, deeds, easement agreements, and powers of attorney). However, it is expected that most Clerks will require addresses for each witness
on all instruments affecting title to real property if the instrument is witnessed. This means that, even if the instrument is not required to be witnessed under Florida law, but the parties have the instrument witnessed anyway, addresses for such witnesses should be included on the instrument to avoid the instrument being rejected by the Clerks. Examples of instruments that do not require witnesses under Florida law but are commonly witnessed include mortgages, leases, and affidavits.
This is intended for informational purposes only and should not be construed as legal advice nor opinion.
MSC Title, Inc | 1605 Main Street, Suite 500 | Sarasota, FL 34236 | 941.552.5211