In Florida, do Grant Deeds need to be signed by one or two witnesses? – D.S., Tallahassee, FL
In Florida, a mortgage only requires one witness, whereas Deeds of Trust and Quitclaim Deeds are required to be executed in the presence of two witnesses, both of whom must also sign the deeds.
Keep in mind, it is not the responsibility of the Notary to make the determination of which type of deed is being notarized. The responsibility belongs to the company that drafts the documents. If a Notary takes it upon his/her self to make this determination it could be considered unauthorized practice of law, which is considered a felony by Florida law. (FS 454.23)
Confronted with a tricky notarization? Unsure how to proceed? NNA members have unlimited access to our expertly trained NNA Hotline counselors to help you with all of your notarial questions. Call (888) 876-0827, Monday through Friday, 5 a.m. to 7 p.m. PST; Saturday, 5 a.m. to 5 p.m. PST