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Don’t Get Rejected

Witness Address Requirements

Post Date:10/23/2023 12:49 PM

Certain documents recorded in Palm Beach County’s Official Records must include the post office address of each witness in addition to the witness’s name. Pursuant to section 695.26 of the Florida Statutes, the Clerk’s office cannot accept documents submitted for recording without the required witness address information.

What documents are affected?

The requirement applies to any “instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of.” In plain English, this means deeds and other documents that affect the ownership of real estate.

All deeds and easements notarized in Florida require witness names, so these documents also require witness addresses. Other documents “by which title to real property or interest is conveyed, assigned, encumbered or disposed of” may or may not have witnesses, but an address is required if a witness is included. If there are no witnesses on these other documents, then no addresses are required. 

See the bottom of this page for a list of documents that require witness addresses.

What information do I need to include?

The post office address of each witness must be legibly printed, typewritten, or stamped on these documents.

Can I use an email address instead of a mailing address?

No, the witness address must be a physical address or PO box.  It cannot be an email address.  

Our company uses standard forms for deeds or other affected documents. What should we do?

You will need to update your forms to include the witness address.

Do you have form templates that include the witness address?

Yes, our available form templates are available online.

What happens if I try to record a document without the required witness address?

The Clerk’s office must reject documents that do not include information required by section 695.26 of the Florida Statutes.

Documents Requiring Witness Addresses

These documents require witness addresses if witnesses are found on the document. All deeds and easements notarized in Florida require witnesses.

  • Affidavit – Affidavit of Sufficient Funds, Scriveners Affidavit, Affidavit of Lost Assignment, Affidavit of Notice of Interest
  • Affidavit Taxable
  • Agreement for Deed
  • Agreement Taxable
  • Assignment (Including Assignment Taxable)
  • Claim of Lien
  • Deed
  • Other Deeds (Deed of Trust, Curative Notice, Etc.)
  • Deed of Assumption
  • Deed Mortgage
  • Easement
  • Modification of Mortgage
  • Mortgage (Including Documentary Stamp Exempt, Intangible Tax Exempt, Exempt from Both, Fully Taxable)
  • Notice of Commencement
  • Note with Real Property
  • Partial Release of Lien or Mortgage
  • Release or Satisfaction of Lien or Mortgage
  • Termination of Notice of Commencement
  • Waiver of Release of Lien
  • Mobile Home Retirement or Affixation
  • Notice of Contest of Lien (Construction or HOA)
  • Notice of Interest in Land
  • Notice of Bond
  • Notice of Homestead
  • Notice of Contest of Claim Against Payment Bond
  • Request for Release of Transfer of Lien to Security

 

 

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