Palm Coast, FL asked in Real Estate Law for Florida

Q: if a quit claim deed in florida is invalid due to only one witness signing can the notary sign later as the second witne

deed is 8 years old but was filed recently

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1 Lawyer Answer
James Clifton
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James Clifton
Answered
  • Fayetteville, GA
  • Licensed in Florida

A: If the notary saw the grantor sign the deed 8 years prior, the notary can then sign the deed at a later time as a witness. The witness's signature does not have to occur precisely at the same time as the grantor's signature. However, most notary blocks reference the grantor acknowledging his or her signature in front of the notary, which means that the notary did not have to actually see the grantor sign the document. If the notary did not see the grantor sign the deed but only took an acknowledgment of the grantor's signature, the notary cannot sign as a witness. This is a critical question to ask the notary.

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