What happens if your Florida deed has a defective notary acknowledgement?

If your deed was properly signed and witnessed, but improperly acknowledged by a notary, then you should execute a new deed that is properly notarized unless five years or more has passed since your deed was recorded. If five years have elapsed from the date you recorded your deed, and there is no fraud, adverse possession, or pending litigation; then it is as if there was no defective acknowledgment. See Florida Statute 95.231(1).

If you executed your deed as an attorney-in-fact, trustee, manager, member, president, or some other representative capacity, then seven years will need to have elapsed from the date you recorded your deed for the defective notary acknowledgment to become irrelevant. See Florida Statute 694.08(1).

Note: The foregoing statutes will not cure a void acknowledgment or missing acknowledgment.


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