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The California Civil code states that a contract may be rescinded if it ?was given by mistake, or obtained through duress, menace, fraud, or undue influence, exercised by or with the connivance of the party as to whom he rescinds, or of any other party to the contract jointly interested with such party.? (Civ.
Contrary to the law and established custom in other states, the expression ?to have and to hold? (called the ?habendum clause? of a deed) is not necessary, nor are witnesses or seal required. The deed should be dated, but this too is not necessary to its validity.
A forged deed is void under Florida law and is a third-degree felony. The term covers the fraudulent production of a legal document or making alterations to a legal document which may render it void. These forged documents can make their way into public records and be treated like legitimate documents.
Under Florida law, an unrecorded deed that is notarized and delivered, will be valid as between the parties (the grantor and grantee). However, as far as creditors or purchasers, an unrecorded deed is void because there was no notice of the transaction.
What are Florida's Deed Requirements The document must be in writing. The document must be signed by the current owner or by their authorized representative. The document must be signed in the presence of at least 2 witnesses. The document must be signed by at least 2 witnesses.
Provide a real estate attorney with the prior deed and/or legal description of the property. Once the attorney prepares the new deed, the current owner or party who is updating their interest in the property signs the new Deed in the presence of two witnesses and then has their signature notarized.
If the seller owns Lot 1, Block A but due to a scrivener's error conveys Lot 1, Block B, that error may be cured with a Curative Notice rather than a corrective deed. If the seller owns Lot 1, Block A but conveys Lot A, Block 1, that error in the deed may be cured with a Curative Notice rather than a corrective deed.