State Notary Agent®
The Florida Notary Public Directory
Fla. Stat. §689.01 requires that a conveyance of an interest in Florida real property be signed in the presence of two subscribing witnesses. A deed executed without them is defective and can create serious title problems.
This applies to deeds — warranty deeds, quit claim deeds, and similar instruments conveying an interest in land.
A mortgage does not carry the same statutory witness requirement. Under §697.02, a Florida mortgage is a lien on property, not a conveyance of a freehold estate, and §695.26(1)(f) expressly exempts mortgages from the witness-signature requirement for recording. Fannie Mae's Florida security instrument now treats the witness lines as optional for exactly this reason.
But follow the closing instructions, not the statute. Virtually every Florida lender still prints two witness lines on the mortgage, and the title company's instructions require them completed. An unusable loan file is an unusable loan file regardless of what the statute permits.
In Florida, yes — but only if the notary actually observed the signer sign. The notary signs twice: once on a witness line, once in the notarial certificate.
The condition matters. A notary who merely takes an acknowledgment — where the signer confirms a signature they made earlier, outside the notary's presence — did not witness the signing and cannot serve as a subscribing witness to it.
You still need a second, independent witness either way. A witness should not be a party to the transaction or have a financial interest in it.
Witnesses may also appear remotely by audio-video under §689.01(2)–(3).
Confirm the witness requirement in writing with the title company before any purchase or seller signing. Ask specifically: how many witnesses, and may the notary serve as one. Ten seconds of email saves a re-draw.
Note that leases no longer require witnesses following the 2020 amendment to §689.01.
Yes. Fla. Stat. 689.01 requires a conveyance of an interest in Florida real property to be signed in the presence of two subscribing witnesses. A deed executed without them is defective.
Not statutorily. A mortgage is a lien rather than a conveyance under Fla. Stat. 697.02, and Fla. Stat. 695.26(1)(f) exempts mortgages from the witness requirement for recording. However, most lenders still print witness lines and closing instructions typically require them completed.
Yes, if the notary actually observed the signer sign the document. The notary signs twice, once as a witness and once in the notarial certificate. A notary who only takes an acknowledgment of a signature made earlier did not witness the signing and cannot serve as a subscribing witness.
Two subscribing witnesses. If the notary personally observed the signing and serves as one, a second independent witness is still required.
No. Florida amended Fla. Stat. 689.01 in 2020 to remove the two-witness requirement for leases.
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