Recording a Document in Broward County

Requirements & Guidelines

The Broward County recording section files and indexes all kinds of documents, including Warranty Deeds, Quit Claim Deeds, Mortgages, Lis Pendens, Condominium documents, Declarations of Domiciles, Judgments and Death Certificates in the Official Records of the County. Below we have outlined the requirements and guidelines that documents must meet before they are recorded in the County's official records.

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Recording Transmittals:

Broward County has a form called a Recording Transmittal for your use in sending documents for recording. While the use of this form is not mandatory, the County strongly recommends its use.  Should you decide to create your own form, please keep in mind that is CRITICAL that you clearly state the order in which your documents are to be recorded (for those with an agent code, the agent code should be used on your form).

Document Format:

Florida Statute 695.26(1)(e) requires that a 3-inch by 3-inch square at the top right-hand corner on the first page of each document and an area 1" deep x 3" wide at the top right-hand corner of each subsequent page of each document be reserved for use by the clerk of the court.

Documents not providing sufficient space for affixing of recording information will be deemed unrecordable and will be returned.   For those documents not providing the required space on the first page, a cover page that describes the document in sufficient detail to prohibit its transference to another document must be attached and an additional $8.50 remitted.   It is not acceptable to staple the document to plain white paper, as the clerk cannot affix recording information to something which may be detached from the document which does not identify Itself as a part of the document. Documents not falling under 695.26 will be scrutinized on a case-by-case basis. If there is not sufficient room to affix recording information, the document will be returned.

Document Content:

Section 695.03 addresses acknowledgment (witnessing and notarization) requirements for any instrument concerning real property and section 695.26 F.S. addresses ALL INSTRUMENTS by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of. These statutes are the basis for many recording requirements.  When recording a Deed, the deed must meet special recording requirements, including: 

Deed Recording Requirements:

  1. Grantors' (Party Giving Title) names, legibly printed in the body of the Deed.
  2. Grantors' mailing address.
  3. Grantees' (Party Receiving Title) names legibly printed in the body of the Deed.
  4. Grantees' mailing address.
  5. The legal description of the property (must be located in Broward County).
  6. Signatures of Grantors (names printed underneath).
  7. Signatures of Witnesses (names printed underneath).
  8. Notary acknowledgment, including names being acknowledged, the date the acknowledgment was taken, the signature of the notary (name printed underneath), commission expiration date and seal.
  9. "Prepared by" statement (Name and Address of the Person preparing the Deed).
  10. In accordance with Florida Statue 689.02(2), Parcel ID or folio number of the property being conveyed, in addition to the legal description. You can obtain the Parcel ID from the Records, Taxes and Treasury Division, and the folio number from the Broward County Property Appraiser’s Office.
  11. Documentary or "doc" stamp fees – required at the time of recording. To indicate the sale/transfer price/consideration or doc stamps paid, you may use a cover letter, your own transmittal or download a Recording Transmittal Form.
  12. Three-inch square white space on the top right-hand corner of the first page of each document and a one-inch square white space on the top right-hand corner of each subsequent page of the document. This space is needed to apply computerized recording information; documents without sufficient white space must be returned to you, unrecorded.
  13. Payment of prescribed fees.
  14. Self-addressed, stamped envelope for the return of your recorded document(s).

Returned Documents:

A sizeable number of documents are returned unrecorded for corrections. Broward County urges everyone to take the time to review their documents before transmitting them to the recording office in order to avoid delays in recording. The following is a listing of common reasons for the return of documents:

1. Incomplete "PREPARED BY" information: You MUST state the name and mailing address of the actual person who prepared the instrument or the name and address of the person under whose supervision it was prepared. To eliminate doubt, it is suggested that you show this information like this:

 

PREPARED BY AND RETURN TO:

Individual Name

Company Name

Address

 

Rather than like this:

 

PREPARED BY:

Individual Name

RETURN TO:

Company Name

Address

 

This enables the clerk to associate the individual preparer's name and the mailing address of the preparer without question.

2. Failure to state the mailing address of each party executing any instrument falling under the statute. It is suggested that this address appears in close association with the names, either on the front page or signature page of the document.   Inclusion of the property address on a mortgage is not sufficient, as it is not necessarily the mailing address of the mortgagor(s). For those who simply place an * after the mortgagor's names and before the property address, please be aware that, while this is acceptable, IT CAN EASILY BE MISSED BY THE REVIEWERS, who, on average, check over hundreds of documents per day each.

3. Failure to state the post office(mailing) address of the grantee (second party) on any instrument other than a mortgage falling under the statute, including, but not limited to, ASSIGNMENTS  OF MORTGAGE.

4. Failure to print names under signatures of those executing the documents. Witnesses to the execution are not required for recording, but if witnessed, then names must be printed under their signatures.

5. Incomplete notarizations. Names of all executing, acknowledgment date, and rubber stamp type seal stating commission #, date commission expires, signature and printed name of the notary (for out-of-state acknowledgments, it is sufficient for a notary to state "I am a notary public of the state of___ and my commission expires on__ .”), in lieu of affixing a seal. Out-of-state acknowledgments taken by other than a notary public must be under the seal of the official taking the acknowledgment. Out-of-country acknowledgments require a seal, but no expiration date.

Calculation of Fees and Related Issues:

The maximum number of documents that can be recorded on one check (or a combination of checks on one receipt) is 37. All documents to be recorded sequentially must be on one receipt, therefore, no more than 37 documents can be recorded without interruption in the Clerk's File Number sequence.

A number of otherwise recordable documents are returned due to improper calculation of fees. A breakdown of the most commonly incurred fees is listed below. and the following steps are suggested to determine how much money to send. Please make every effort to make your payment for the EXACT amount due.

1.Count the pages in each document and calculate the recording fee due.

Recording charges are $10.00 for the first page and $8.50 for each additional page of the same document. For pages over 14" in length or over 8 ½ in width, add $8.50 for each additional 14" in length or 8 1/2 " in width, or portion thereof.

2.Count the names shown in the document and add $1.00 for each name over 4.

We do not index the names of Attorneys in Fact or names of those executing via Power of Attorney. Husband and wife are counted as two separate names. With the exception of banks, we index ALL names. including F/K/A, A/K/A, N/K/A, D/B/A, T/A, F/B/O, A/S/O, etc.   On banks, only A/K/A, D/B/A, and the current bank are indexed. Names of Custodians, Estates, Executors, Guardians, Personal Representatives, Trustees are counted.   Conservators and Receivers, including those acting for banks, are also counted.   If the same name appears as both Grantor and Grantee, it is counted twice. On Affidavits, all the parties being induced are also indexed.

3.Calculate the taxes due, if any.

Documentary Stamp Tax on Deeds, is calculated @ 70cents per $100.00 (or fractional part thereof) of consideration. Documentary Stamp Tax on Mortgages is calculated @ 35cents per $100.00 (or fractional part thereof) of indebtedness. Intangible Tax is calculated @ .002 x the EXACT amount of the indebtedness or obligation secured thereby.  Please note, "fractional part thereof" means round to the nearest $100.

For help here, please see our Recording Fee & Documentary Tax Calculator that will calculate all of your recording costs and taxes for you by simply plugging in some numbers. 

4.Calculate charges for any copies/certified copies needed.

Copies are $1.00 per page. For Certified Copies, add an additional $1 .00 per document.

5.Add all charges and prepare a check for that amount. Make sure your check is signed! Checks are payable to "Board of County Commissioners".

Overpayments are discouraged. Documents submitted for recording with an overpayment of $100.00 or more will not be processed. It may be several months after the recordation before a refund will be processed. Please check your receipts for "refund due" notations and maintain them in a special file to match up with refund checks, which checks will reference only the receipt number(s). FURTHER INFORMATION WILL BE PROVIDED ONLY AS TIME ALLOWS, @ A COST OF AN HOURLY RATE FOR THE RESEARCH REQUIRED.

 

Helpful Hint:

Please be sure that all pages of the same document are stapled together, as it is sometimes difficult to tell whether certain documents are intended to be recorded on their own or as riders to another document. Do not staple documents together which are to be recorded separately.

 

Assignments of Mortgage:

Please be sure to "flag" Assignments of Mortgage (being recorded simultaneously with a mortgage) if you want us to insert the recording information from the mortgage in the assignment. The Clerk will make every effort to comply with these requests, but they do not accept responsibility for errors or oversights. Please be aware that the only information we will be able to insert is the Clerk's File Number, not the OR Book/Page, therefore, space should be provided on the assignment for insertion of the clerk's file number from the mortgage. There is no charge for the insertion of this number.

Property Addresses and/or Legal Descriptions on Assignments are not required. The preferred reference is the recording information from the mortgage being assigned, either O.R. Book and Page or Clerk File Number.

On BLANKET ASSIGNMENTS, if you wish all referenced borrowers to be indexed, please so instruct us and include $1.00 for each name over 4 (counting Assignor/Assignee/ and all borrowers).

Getting Your Documents Back:

Please include a self-addressed, stamped envelope of sufficient size to accommodate the number of documents to be returned.   Please print the complete “return to” address on each document WHICH AGREES WITH THE ADDRESS ON THE ENVELOPE. This will ensure that should the envelope inadvertently become separated from the document, the document will contain the correct information for return.

Searches and Certified Copies of Previously Recorded Documents:

Searches: The Broward Clerk is able to do name searches only. Title searches cannot be done in this office. For name searches, the fee is $1 per year per name. A letter stating search findings is $4.00, an Affidavit is $5.00.

Certified Copies:   Furnish the Book and Page Number, the year recorded, and a brief description of the document you wish to obtain (i.e., names on document and document type). The charge is $1 per page, + $1 flat fee for certification. If you do not know the book and page number, add $1 for the search fee. These fees should be in a separate check from any recording-related fees you may be paying at the same time. Please include a stamped, self-addressed envelope for the return of the information or copies requested.

Hours of Operation and Location:

They are open to the public from 8:00 AM to 3:30 PM on Monday through Friday.

Board of County Commissioners
Recording Section
Governmental Center
115 S. Andrews Ave., Room 114
Fort Lauderdale, FL 33301
954-831-4000
Email: This email address is being protected from spambots. You need JavaScript enabled to view it.

 

 

Source: Broward.org

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