Florida notary laws are the legal regulations and requirements that govern the actions and responsibilities of notaries public within the state. Notary laws outline the qualifications, duties, and limitations of notaries, as well as the procedures they must follow when notarizing documents.
As a home buyer or seller, understanding notary laws is useful because notarization validates important documents, such as deeds, contracts, and mortgage agreements. Compliance with notary laws ensures the validity and enforceability of these documents, providing an added layer of security and confidence in the real estate transaction process. If you’re looking to buy or sell a property, reach out to Galaxy Title & Escrow for help in closing on the sale.
Florida Notary Laws
Florida notary laws state what a notary is and is not allowed to do. They also state what can and cannot be notarized. For example, notary law states that a notary cannot notarize their own signature, meaning that it’s unlawful to notarize a legal document for yourself as a notary. Other examples of what Florida notary law involves, include:
Setting guidelines for becoming a notary
Enabling electronic signatures and stating what information must be available to signees
Listing what a notary is allowed to notarize, such as marriages, deeds, and legal documents
Limiting the fees a notary can charge for notarizing certain documents
Outlines copy that must appear on documents for signatures
It’s the duty of a notary to comply with all the requirements of their position. But as a homeowner or someone interested in buying property, you may need to be aware of what is and isn’t allowed under notary law.
What is the Purpose of Notary Laws?
The purpose of notary laws is to establish a system that enhances the reliability, integrity, and legality of important documents. These guidelines facilitate the smooth functioning of legal and financial transactions while also safeguarding the rights and interests of the parties involved.
The following are the purposes of notary laws:
Authenticating and verifying the identity of individuals signing important documents.
Upholding the principles of public trust and confidence in the integrity of documents and transactions.
Deterring individuals from engaging in fraudulent activities by imposing legal consequences for misrepresentation, unauthorized notarizations, or other unlawful practices.
Ensuring that documents comply with legal requirements, such as proper execution, proper identification of signatories, and adherence to specific formalities.
Establishing the guidelines for the execution of notarial acts, including the types of documents that require notarization, the procedures to be followed, and the records to be maintained by notaries.
Protecting the parties involved in transactions. By having an impartial and authorized individual witness the signing of documents, the laws help protect against coercion, misinformation, or improper execution.
What Does a Notary Do?
A notary is a public official appointed by the state government to perform various legal duties, primarily related to the authentication and certification of documents and signatures. Their primary job duties include:
Upholding legal requirements
Ensuring the authenticity of documents and transactions
Why Do Real Estate Documents Need a Notary?
Real estate documents require notarization to validate the identity of the parties involved and enhance the legality of the documents. Having a notary present during closing also helps maintain accurate public records. In some cases, lenders and title companies require notarization.
In Florida, it’s not a requirement to notarize a real estate translation, but it provides a level of legal protection for all parties. Further, notarization provides these protections and assurances:
Verifies the authenticity of real estate documents such as deeds and titles
Confirms the identity of the signatories and minimizes the risk of fraud
Gives greater weight in legal proceedings to real estate documents in the event of a dispute
Ensures the accuracy and authenticity of records of the property
Provides a reliable trail of ownership and prevents disputes or challenges to the validity of the documents
Adds an extra layer of assurance for these parties, reducing their risk and ensuring that they conducted the transaction with proper legal formalities
Protects the interests of lenders, buyers, sellers, and other stakeholders involved in the real estate transaction
What Identification Should You Bring For Real Estate Closing?
When attending a real estate closing in Florida, homebuyers and sellers are typically required to bring specific identification documents. The exact requirements may vary depending on the circumstances and the parties involved, but here are the commonly requested identification documents:
Valid Photo Identification
Social Security Number (SSN)
Proof of Residence
Certified Copy of Marriage Certificate
Power of Attorney (if applicable)
Additional Documentation if requested (documents related to trusts, corporations, partnerships, or any legal entities involved in the transaction)
It’s important to note that the specific requirements can vary, and it’s advisable for home buyers and sellers to consult with their real estate agent, attorney, or closing agent to ensure they have the correct identification and documentation for the closing.
Galaxy Title & Escrow Notary Services
Notary laws play a vital role in safeguarding the authenticity, legality, and integrity of important documents and transactions. By ensuring proper identification, witnessing signatures, and adhering to legal requirements, notaries increase the validity of documents. When you’re buying or selling a home, having a knowledgeable notary can provide peace of mind and ensure compliance with the law.
At Galaxy Title & Escrow, we understand the importance of notary services, and we are here to assist you. We offer reliable notary services, including a convenient remote notary option, allowing you to complete the necessary legal formalities with ease and convenience. You can trust Galaxy Title & Escrow for your notary needs. Call us for help in navigating the complexities of notary laws and with any questions you may have about closing and escrow services in South Florida.
Mitchell has been a licensed attorney since 2014 and has practiced in both the transactional and litigation fields of law. His experience allows him to approach every transaction with a depth of knowledge and practical experience most attorneys do not possess. Mitchell prides himself on providing top notch service to his clients.