December 18, 2023: New Recording Requirements for Instruments Affecting Real Property Title

EFFECTIVE JANUARY 1, 2024

NEW RECORDING REQUIREMENTS FOR INSTRUMENTS AFFECTING REAL PROPERTY TITLE

A recent change to Florida Statutes §695.26 requires the postal address of each witness to the documents be included before the documents can be accepted for recording in the Official Records beginning January 1, 2024. This change applies to "any instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of."


What is Required?
The Okeechobee County Clerk of the Circuit Court will screen each such document for compliance with the new Florida law and reject any that do not comply. Specifically, Clerk’s staff will be looking for each witness’ name and a complete postal address (p.o. box, house and street number, city, state and zip code) legibly printed or typed under the signature of that witness. Email address is not sufficient. The Clerk is required by law to reject non-compliant documents.

 

Compliant Example
An example of a compliant form for the witness signature portion of such documents is (provided the entries are legible in the opinion of the Clerk):

  • Witness Signature
  • Printed Name
  • Witness Address
  • Witness City, State, Zip

What Documents are Affected?
This change in the law applies to any document that affects the ownership of real estate in any way. Below is a list of some of the affected document types. There may be others. However, if for any reason you are not sure if a document you are recording is affected, you should seek legal advice from an attorney familiar with real estate law.

 

Examples of Affected Documents
Some of the affected document types include:

  • Affidavit – Affidavit of Sufficient Funds, Scriveners Affidavit, Affidavit of Lost Assignment,
  • Affidavit Taxable
  • Agreement for Deed
  • Agreement Taxable Assignment (Including Assignment Taxable)
  • Claim of Lien
  • Deed
  • Other Deeds (Deed of Trust, Curative Notice, Etc.)
  • Deed of Assumption
  • Deed Mortgage
  • Easement
  • Modification of Mortgage
  • Mortgage (Including Documentary Stamp and/or Intangible Tax Exempt, Fully Taxable)
  • Notice of Commencement
  • Note with Real Property
  • Partial Release of Lien or Mortgage
  • Release or Satisfaction of Lien or Mortgage
  • Termination of Notice of Commencement
  • Waiver of Release of Lien
  • Mobile Home Retirement or Affixation
  • Notice of Contest of Lien (Construction or HOA)
  • Notice of Interest in Land
  • Notice of Bond
  • Notice of Homestead
  • Notice of Contest of Claim Against Payment Bond
  • Request for Release of Transfer of Lien to Security