Real Estate Deed Notarization in Florida: What Buyers and Sellers Need to Know
Notarizing a real estate deed is one of the most consequential notarial acts in Florida. Whether you are buying your first home, selling investment property, or transferring a deed to a family member, proper notarization ensures the transaction is legally binding and recordable.
Florida law has specific requirements for deed notarization that differ from other documents. This guide explains what buyers, sellers, and real estate professionals need to know about notarizing deeds online in Florida.
Why Deed Notarization Is Required in Florida
A deed is the legal instrument that transfers ownership of real property. In Florida, deeds must be notarized before they can be recorded in the official records of the county where the property is located. Without notarization, the deed is generally void as to subsequent purchasers and creditors.
Florida Statute 695.26 requires that deeds contain:
- The name and signature of the grantor
- The name of the grantee
- A proper legal description of the property
- A notarized signature of the grantor
The notarization serves as evidence that the grantor personally appeared before the notary, was properly identified, and signed the deed voluntarily.
Types of Florida Real Estate Deeds
Different deeds serve different purposes, and notarization requirements vary slightly:
Warranty Deed
A Warranty Deed provides the highest level of protection to the buyer. The grantor warrants that they own the property free and clear of all liens and encumbrances, except those specifically listed. This is the most common deed type in residential real estate transactions.
Quitclaim Deed
A Quitclaim Deed transfers whatever interest the grantor has in the property without making any warranties. These are commonly used between family members, in divorce settlements, or to clear title defects. Quitclaim deeds must still be notarized to be recordable.
Special Warranty Deed
A Special Warranty Deed warrants only against defects that occurred during the grantor's period of ownership. This is common in commercial transactions and foreclosures.
Life Estate Deed
A Life Estate Deed grants ownership for the duration of a person's life, with remainder interests passing to designated beneficiaries. These are often used in estate planning to avoid probate.
Special Requirements for Deed Notarization in Florida
Real estate deeds have stricter notarization requirements than most other documents:
Two Witnesses Required
Florida law requires two witnesses in addition to the notary for deeds. The witnesses must:
- Be present when the grantor signs
- Be mentally competent adults
- Sign the deed in the presence of the grantor and each other
- Print their names under their signatures
The notary can serve as one of the two witnesses, but this must be noted in the notary certificate.
Proper Notary Certificate
The notary certificate on a deed must specifically state:
- That the grantor personally appeared before the notary
- The method of identification used
- That the grantor signed the deed freely and voluntarily
- The date and location of the notarization
Florida does not allow jurat certificates for deeds. An acknowledgment certificate is required.
Recording Requirements
After notarization, the deed must be recorded with the Clerk of Court in the county where the property is located. Recording protects the buyer's interest against later claims. Florida operates under a race-notice recording statute, meaning the first person to record a deed without notice of prior claims generally wins.
Can You Notarize a Deed Online in Florida?
Yes. Florida permits remote online notarization (RON) for real estate deeds, but additional requirements apply:
- Real-time audio and video — All parties must see and hear each other throughout the signing
- Identity verification — The grantor must pass credential analysis and knowledge-based authentication
- Electronic signatures — All signatures must be applied using compliant electronic signature technology
- Tamper-evident seal — The notary applies an electronic seal that meets Florida Department of State standards
- Session recording — The entire session is recorded and retained for ten years
Rush Notary handles online deed notarizations regularly. Our platform is designed to accommodate the witness requirements and certificate specifications that deeds demand.
The Online Deed Notarization Process
Step 1: Prepare the Deed
Ensure the deed is fully drafted with:
- Correct legal description of the property
- Accurate names of all grantors and grantees
- Proper vesting language
- Blank signature and witness lines
Do not sign anything before the session begins.
Step 2: Schedule Your Session
Real estate transactions often involve multiple parties in different locations. Rush Notary allows you to schedule a session at a specific time so all parties can coordinate.
Step 3: Identity Verification
The grantor completes credential analysis and knowledge-based authentication before joining the notary.
Step 4: Video Signing Session
During the session:
- The notary confirms the grantor's identity
- The two witnesses join the video call
- The grantor signs the deed electronically
- The witnesses sign in the presence of the grantor
- The notary completes the acknowledgment certificate
- The electronic seal is applied
Step 5: Document Delivery and Recording
After notarization, you receive the tamper-evident PDF. Your title company or attorney can then submit the deed for recording with the county clerk.
Common Mistakes in Deed Notarization
- Incorrect legal description — Even minor errors in the legal description can invalidate a deed
- Missing witnesses — Florida requires two witnesses. A notary alone is not sufficient.
- Grantor signs in wrong capacity — If the grantor is a trustee, corporate officer, or attorney-in-fact, the deed must specify that capacity
- Notary uses wrong certificate — Deeds require acknowledgments, not jurats
- Signatures do not match names — The grantor must sign exactly as their name appears on the deed
Cost of Online Deed Notarization
Rush Notary charges $25 per notary seal for online deed notarization. Most deeds require one seal for the grantor's acknowledgment.
If multiple grantors are signing, or if the transaction involves multiple deeds, each notarization is $25. Rush Notary does not charge extra for witnesses or for handling complex transactions.
Frequently Asked Questions
Q: Can a deed be notarized if one party is in another state?
Yes. With remote online notarization, the grantor can be located anywhere. The notary must be physically located in Florida and hold a Florida commission.
Q: Does a deed need to be recorded immediately after notarization?
While there is no strict deadline, Florida's recording statute creates incentives to record promptly. Delaying recording risks another party recording a competing interest first.
Q: Can a notary notarize a deed for property they own?
No. A Florida notary cannot notarize a document in which they have a direct financial or beneficial interest.
Q: What happens if a deed is not properly notarized?
An improperly notarized deed may be rejected by the county recorder. Even if recorded, it may be challenged in court and potentially voided. If you discover a notarization error, consult a real estate attorney immediately.