Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for advice regarding your specific situation.
Detailed Answer
When you or your title agent investigates who holds an interest in Florida real property, you must verify each party’s identity and authority. Documentation varies by the type of interest holder. Below is a breakdown of common scenarios under Florida law.
1. Identifying Natural Persons
- Government-issued photo ID: driver’s license or passport.
- Social Security number or Tax ID (for tax reporting).
- Marriage certificate or divorce decree if spousal joinder is required. Under Florida Statutes section 689.15, both spouses must sign to release homestead rights when conveying property.
2. Documenting Entities (Corporations, LLCs, Partnerships)
- Articles of incorporation or organization.
- Certificate of status (also called Certificate of Good Standing) from the Florida Division of Corporations. See Florida Statutes section 607.0505.
FS 607.0505 - Resolution authorizing the conveyance, signed by officers or members as required by the entity’s governing documents.
3. Trusts
- Certified copy of the trust agreement or a certificate of trust under Florida Statutes section 736.0103.
FS 736.0103 - Identification of trustee(s) with a government-issued photo ID.
4. Estates and Guardianships
- Letters testamentary or letters of administration issued by the circuit court.
FS 733.201 and
FS 733.302 - Letter of guardianship for a minor or incapacitated person under Florida Statutes section 744.309.
FS 744.309 - Death certificate if the estate holder is deceased.
5. Powers of Attorney
- Certified durable power of attorney, acknowledged and recorded if signing on behalf of the principal. See Florida Statutes section 709.2109.
FS 709.2109 - Ensure agent’s photo ID and verify the power’s effective date and scope.
6. Recording Requirements
- All conveyance documents must be notarized and meet the format requirements under Florida Statutes section 695.01.
FS 695.01 - Submit original documents or certified copies for recording with the county clerk of court where the property lies.
Helpful Hints
- Begin a title search early to identify all potential interest holders.
- Confirm spellings and legal names exactly as they appear in formation or court documents.
- Obtain certified or apostilled copies for out-of-state or foreign documents.
- Review the entity’s governing documents for signature authority and quorums.
- Keep originals or certified copies; most counties reject photocopies.