Florida Warranty Deed
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Warranty deeds in Florida are used to create, grant, transfer, or release an estate or interest of freehold. Any conveyance of real estate in Florida is required to be in writing and signed by the grantor (or by the grantor's lawfully authorized agent) in the presence of two subscribing witnesses (689.01). A statutory form for a warranty deed is provided in section 689.02 of the Florida Statutes. The grantor to a warranty deed offers a covenant of full warranty to the title of the land being conveyed, and will defend the same against the lawful claims of all persons (689.02). The warranty deed is used for many real estate transactions in Florida. It is sometimes referred to as a general warranty deed.
In order for recording to take place, the execution of a warranty deed must be acknowledged by the party executing it, proved by a subscribing witness, or legalized or authenticated by a civil-law notary or notary public who affixes his or her official seal before the officers in the manner provided by law (695.03). The grantor's signature requires two witnesses; however, the notary public can be one of the witnesses, but the notary must then sign the document twice: both as a notary and as a witness. Acknowledgements can be made in Florida or in another state by any of the officers listed in 695.03 of the Florida Statutes. A certificate of acknowledgement or proof, under the seal of the court or officer taking acknowledgements, should be attached to the warranty deed presented for recording.
A warranty deed for the conveyance of real property or interest in real property will not be good and effectual in law or in equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless it is recorded according to law (695.01). The priority of documents is determined by the order and time of recording. Warranty deeds and all other real estate documents are recorded with the clerk of the circuit court in the county where the property is located.