What happens if your Florida deed is missing witnesses?

If your Florida deed was properly signed and notarized, but improperly witnessed, then you should execute a new deed that is properly witnessed unless five years or more has elapsed 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 lack of witnesses. See Florida Statute 95.231(1). The five year timeline is increased to seven years if the deed was executed by an attorney-in-fact, trustee, manager, member, president, or in some other representative capacity. See Florida Statute 694.08(1).


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