695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.—To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated in one of the following forms:
(1) WITHIN THIS STATE.—An acknowledgment or a proof may be taken, administered, or made within this state by or before a judge, clerk, or deputy clerk of any court; a United States commissioner or magistrate; or any notary public or civil-law notary of this state, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be.
(2) OUTSIDE THIS STATE BUT WITHIN THE UNITED STATES.—An acknowledgment or a proof taken, administered, or made outside of this state but within the United States may be taken, administered, or made by or before a civil-law notary of this state or a commissioner of deeds appointed by the Secretary of State; by or before a judge or clerk of any court of the United States or of any state, territory, or district; by or before a United States commissioner or magistrate; or by or before any notary public, justice of the peace, master in chancery, or registrar or recorder of deeds of any state, territory, or district having a seal, and the certificate of acknowledgment or proof must be under the seal of the court or officer, as the case may be. If the acknowledgment or proof is taken, administered, or made by or before a notary public who does not affix a seal, it is sufficient for the notary public to type, print, or write by hand on the instrument, “I am a Notary Public of the State of (state) , and my commission expires on (date) .”
(3) OUTSIDE OF THE UNITED STATES OR WITHIN FOREIGN COUNTRIES.—An acknowledgment, an affidavit, an oath, a legalization, an authentication, or a proof taken, administered, or made outside the United States or in a foreign country may be taken, administered, or made by or before a commissioner of deeds appointed by the Secretary of State to act in such country; by or before a notary public of such foreign country or a civil-law notary of this state or of such foreign country who has an official seal; by or before an ambassador, envoy extraordinary, minister plenipotentiary, minister, commissioner, charge d’affaires, consul general, consul, vice consul, consular agent, or other diplomatic or consular officer of the United States appointed to reside in such country; or by or before a military or naval officer authorized by 10 U.S.C. s. 1044a to perform the duties of notary public, and the certificate of acknowledgment, legalization, authentication, or proof must be under the seal of the officer. A certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment. For the purposes of this section, the term “civil-law notary” means a civil-law notary as defined in chapter 118 or an official of a foreign country who has an official seal and who is authorized to make legal or lawful the execution of any document in that jurisdiction, in which jurisdiction the affixing of her or his official seal is deemed proof of the execution of the document or deed in full compliance with the laws of that jurisdiction.
(4) COMPLIANCE AND VALIDATION.—The affixing of the official seal or the electronic equivalent thereof under s. 117.021 or other applicable law, including part II of chapter 117, conclusively establishes that the acknowledgment or proof was taken, administered, or made in full compliance with the laws of this state or, as applicable, the laws of the other state, or of the foreign country governing notarial acts. All affidavits, oaths, acknowledgments, legalizations, authentications, or proofs taken, administered, or made in any manner as set forth in subsections (1), (2), and (3) are validated and upon recording may not be denied to have provided constructive notice based on any alleged failure to have strictly complied with this section, as currently or previously in effect, or the laws governing notarization of instruments. This subsection does not preclude a challenge to the validity or enforceability of an instrument or electronic record based upon fraud, forgery, impersonation, duress, incapacity, undue influence, minority, illegality, unconscionability, or any other basis not related to the notarial act or constructive notice provided by recording.
History.—RS 1973; ch. 5404, 1905; GS 2481; ss. 1, 2, ch. 7849, 1919; RGS 3823; CGL 5699; s. 7, ch. 22858, 1945; s. 1, ch. 28225, 1953; s. 1, ch. 69-79; s. 1, ch. 71-53; s. 26, ch. 73-334; s. 3, ch. 80-173; s. 1, ch. 84-97; s. 763, ch. 97-102; s. 21, ch. 98-246; s. 23, ch. 2019-71; s. 1, ch. 2024-259.
Cited 8 times | Published | United States Bankruptcy Court, M.D. Florida | 1983 Bankr. LEXIS 6018
...687.071 of the Florida Statutes; accordingly, the loan is usurious and, therefore, the debt secured by the mortgage is unenforceable and should be forfeited. *133 The claim set forth in Count II of the complaint by Charter alleges that the mortgage was not properly recorded in compliance with the requirement of Chap. 695.03 of the Florida Statutes, therefore, the recordation is a legal nullity and ineffective....
...s entitled to summary judgment as to Count I. This leaves for consideration the FDIC's Motion for Summary Judgment as to Count II of Charter's Complaint. Count II alleges that the mortgage, when recorded, was not properly acknowledged as required by § 695.03 of the Florida Statutes and, therefore, the recordation is a nullity....
...Gonzalez, he executed a promissory note which had an interest cap of 21%; the note attached to the mortgage shows an interest cap of 21.5%. In all other respects, the form of the promissory notes are identical. Section 695.01 of the Florida Statutes requires recordation of mortgage interest in real property. Section 695.03 states in pertinent part as follows: "To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it or the execution must be proved by a subscribing witness to it before...
...istrate; or a notary public and the certificate of acknowledgement or proof shall be under the seal of the court or officer, as the case may be. All affidavits and acknowledgements heretofore made or taken in this manner are hereby validated . . . " Section 695.03(1), Florida Statutes (1981)....
...wledgement should be upheld despite technical omissions, found the acknowledgement valid. House of Lyons, Inc. v. Marcus, 72 So.2d 34 (Fla.1954). Accordingly, this Court is of the opinion that the acknowledgement at issue substantially complies with § 695.03, Florida Statutes and is valid. Assuming, but not determining that the promissory note attached to the recorded mortgage is different from the note actually signed by Mr. Gonzalez, this fact does not defeat an otherwise valid acknowledgement and recordation. According to § 695.03, all acknowledgements made in compliance with the statutory requirements are validated....
Cited 8 times | Published | Florida 3rd District Court of Appeal | 2005 WL 765075
....281(2), of the Florida Statutes, which extends the life of a mortgage lien "[i]f an extension agreement executed by the mortgagee or the mortgagee's successors in interest and the mortgagor or the mortgagor's successors in interest is recorded." As section 695.03 of the Florida Statutes observes: "[t]o entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal....
...public records, it is not duly recorded. This is the case, Hotel, Inc. argues, as the joint venture agreement-the instrument on which Gladstone's action is founded-was not acknowledged, or witnessed, or notarized *213 as required for recordation by section 695.03, Florida Statutes (1997)....
...This section provides in pertinent part: "To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it ..." [or properly notarized as set forth in § 695.03] These requirements for recording have existed for many years....
...GOLDEN who is personally known to me and who took an oath. My commission expires: /s/ Maxine Lopes [NOTARY Notary Public, State of Florida SEAL] MAXINE LOPES Notary name typed or printed" A.336-37. By this maneuver Gladstone attempts to circumvent section 695.03....
...mortgages of real property." The controlling statute in respect to the acknowledgment of mortgages of real property prescribes, so far as material to this case, that "the execution thereof must be acknowledged by the party executing the same * * *." Section 695.03, Florida Statutes 1951, F.S.A....
...797, 114 So. 556; Peninsular Naval Stores Co. v. Mathers, 96 Fla. 620, 119 So. 333; Harris v. Zeuch, 103 Fla. 183, 137 So. 135. Under this principle, it appears to us that the certificate on the mortgage involved in this case meets the simple requirement of section 695.03, Florida Statutes 1951, F.S.A., that the instrument be "acknowledged by the party executing the same" in this case, House of Lyons, Inc....
Cited 2 times | Published | Florida 1st District Court of Appeal | 11 Fla. L. Weekly 1111
...ad no actual knowledge of the mortgage, he may only be bound by it if he had constructive notice of the mortgage. However, because the mortgage was not recorded according to law, since the execution was not acknowledged by the parties as required by section 695.03 (1981), [1] appellee *883 cannot be charged with constructive notice of the mortgage....
...o as to bind subsequent purchasers, encumbrancers, and creditors without actual notice thereof. The liability of the parties to a mortgage, inter se is not affected by the absence of notarization or the other forms of proof of execution permitted by section 695.03, Florida Statutes....
Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 10 Fla. L. Weekly Fed. B 57, 1996 Bankr. LEXIS 1074
...alid and non-recordable because the notary acknowledgment on the mortgage is defective. By statute, a mortgage must be recorded to be valid. Fla.Stat. ch. 695.01 (1995). To be recorded, a mortgage must be either witnessed or notarized. Fla.Stat. ch. 695.03 (1995)....
...Raymar Development Corporation v. Barbara, 404 So.2d 813, 814 (Fla. 2d DCA 1981) (holding that “[t]he liability of the parties to mortgage, inter se, is not affected by the absence of notarization or the other forms of proof of execution permitted by section 695.03, Florida Statutes.”)....
Cited 1 times | Published | United States Bankruptcy Court, M.D. Florida | 1987 Bankr. LEXIS 114
...The notary public affixed his notarial seal to the document and noted the expiration date of his commission, but did not sign on the line provided for the notary public on the printed form. Instead, the notary public signed his name in one of the spaces provided for witnesses. Florida Statute § 695.03, which governs the acknowledgment and recordation of real property documents, provides in pertinent part as follows: *317 To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party exe...
...d by the signature and official seal” of the person taking the acknowledgment. Florida Statute § 117.07 requires that notaries public add to their official signature a statement of the time of the expiration of their commission. Thus, Fla.Stat. §§ 695.03, 92.50, and 117.07, when read in para materia, provide that if an instrument concerning real property has been signed before a notary public, and the notary public has affixed his official signature and official seal, and stated the time of...
...ecorded in the public records. Although Gibralter concedes that the notary public did not sign on the line reserved on the printed form for his signature, Gi-bralter urges that the document substantially complies with the requirements of Fla.Stat. §§ 695.03, 92.50, and 117.07, and the fact that the notary failed to sign on the specific line designated for his signature does not invalidate the acknowledment or the mortgage....
...of any court; a United States commissioner or magistrate; or any
notary public or civil-law notary of this state, and the certificate of
acknowledgment or proof must be under the seal of the court or
officer, as the case may be.
§ 695.03(1), Fla....
...It does not purport to
be a disclaimer, it was not acknowledged before “a judge, clerk, or deputy
clerk of any court; a United States commissioner or magistrate; or any notary
public or civil-law notary of this state,” and it was not recorded. § 695.03(1),
Fla....
...The notarization of a deed or mortgage merely entitles it to be recorded, so as to bind subsequent purchasers, encumbranc-ers, and creditors without actual notice thereof. The liability of the parties to a mortgage, inter se, is not affected by the absence of notarization or the other forms of proof of execution permitted by section 695.03, Florida Statutes....
...By their answers the appellees, which comprise certain of the original beneficiaries as well as the contingent eleemosynary beneficiaries, pled a general denial and also affirmatively alleged that the notice of amendment was in compliance with Florida Statute 695.03, F....
...se it was not exercised in strict conformity to its terms. The statutory requirements entitling a deed of real property to recordation (which was adopted as the manner required for exercising the power of revocation) are set forth in Florida Statute 695.03, F.S.A., which in part provides: “In order to entitle any of the instruments named in §§ 695.01 and 695.02, or any other instrument concerning real property to such record, the execution thereof must be acknowledged by the party executing...
...recordation. Moreover the amended trust instrument, a copy of which was furnished to the trustees together with the written notice of amendment also contained a notarial certificate which entitled that instrument to recordation under Florida Statute 695.03, F.S.A....
...that it can reasonably be said that, but for the negligence, the [loss] [injury]
[or] [damage] would not have occurred.” Fla. Std. Jury Instr. (Civ.)
401.12(a). In this case, in order for the forged quit claim deed to be
recorded, it was required to be notarized. See § 695.03(1), Fla....
...his to be done,” granted an involuntary dismissal. Judgment was then entered invalidating the *676 April 8, 1997 deed to Marcela on the finding that the deed “was not executed according to the requirements of Florida Statutes sections 689.01 and 695.03(3).” Title to the property was quieted in Jaco- ....
...Section 689.01 of the Florida Statutes in general provides that creation or transfer of an interest in Florida real property must be in writing and signed in the presence of two subscribing witnesses by the party creating or transferring the interest. Section 695.03 provides that instruments concerning real property must be “acknowledged by the party executing [the instrument], proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal.” § 695.03(1), Fla....
...In a foreign country, a “certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment.” § 695.03(3)Fla....
