Kelvin Soto, Esq. |
Frequently Asked QuestionsWhat does it mean to record a document in the Official Records? Pursuant to section 28.222(1), Florida Statutes, the Clerk & Comptroller is required to be the “recorder of all instruments that he or she may be required or authorized by law to record in the county where he or she is clerk.” These documents are recorded in one general series referred to as the “Official Records.” These records are required to be kept in such a manner so as to indicate the date and hour of filing, the kind of instrument, and the names of the parties to the instrument. These documents are kept permanently and are subject to deletion, voiding, or expunction only upon court order. What documents does the Clerk & Comptroller record in the Official Records? Pursuant to section 28.222(3), Florida Statutes, the Clerk & Comptroller, as county recorder, shall record the following documents:
The Clerk & Comptroller routinely also records documents from court cases that are required to be recorded in the Official Records pursuant to any applicable Florida Rule of Court. What are the recording requirements for deeds and other documents affecting interest in or title to real property?
Failure to comply with these requirements may result in your document(s) being rejected for recording in the Official Records until the defects are corrected. What are the fees for recording a document or obtaining copies?
What payment options does the Recording Division accept? Payment may be made with a business check, cashier’s check, money order, or cash. Credit cards are accepted in person only for Recording and incur a 3.5% convenience fee. No personal checks are accepted at this time. How may I obtain a copy of a recorded document? Copies may be purchased in person, electronically, or by request through PERCH Search or MyFloridaCounty. Copy fees are $1.00 per page from the Official Records up to 8 1/2″ x 14.” Plat copies are $5.00 per page. If certification is requested, an additional $2.00 is charged for each instrument certified. U.S. customers must provide a self-addressed, postage paid envelope for return of certified copies. **International orders please include an additional $2.50 for postage in lieu of envelope.** **For International money orders, please add an additional $3.00 USD for bank processing fees.** Electronically certified copies are available for purchase on our website by clicking Records/Search Official Records/Legacy Web Search/Purchase Certified Document and following the prompts. If purchasing for official use in another country, please verify an electronically certified copy is acceptable before purchase. This copy is purchased through a third-party vendor and incurs an additional fee. For U.S. customers copies may also be ordered online using a credit card through a third-party vendor, MyFloridaCounty. Their site does not support shipping to an address outside of the United States. Their website is www.MyFloridaCounty.com. The Clerk & Comptroller is entirely separate from and not a part of MyFloridaCounty. Does the Clerk's Recording Department perform title searches? The Clerk’s Recording Department does not perform title searches for real estate closings or other matters. Our records are available during regular business hours in person or available online 24/7 from the comfort of your home or business. For other title related matters, we recommend contacting a company versed in real estate closings, a title agency, or a member of The Florida Bar versed in land use or real estate law. Does the Clerk verify who owns a property when a document is recorded? Florida law does not permit nor require the Clerk & Comptroller from verifying the identity of the grantor(s) or grantee(s) on any document presented for recording in the Official Records unless the document is being notarized by one of our deputy clerks. With the enactment of chapter 2023-238, Laws of Florida, the Florida Legislature established the “Title Fraud Prevention Through Identity Verification Pilot Program” with the Lee Clerk of the Circuit Court & County Comptroller to require identification for all parties executing documents affecting interest in or title to real property. Should this pilot program expand, Osceola County anticipates participating to bring this added layer of protection to our constituents. Until that time, however, our office is unable to require identification verification for individuals presenting items for recording in the Official Records. We recommend signing up for our office’s free Property Fraud Alert to stay abreast of any documents recorded affecting property you own or may have an interest in. What should I do if I believe a document was fraudulently recorded? Unfortunately, the Clerk & Comptroller is not authorized by Florida law to remove something from the Official Records once recorded absent a court order instructing the office to do so. If you believe a document was recorded fraudulently, we suggest contacting the appropriate law enforcement agency. Locally, depending on where you live, you may wish to contact the Kissimmee Police Department, the St. Cloud Police Department, or the Osceola County Sheriff’s Office. Documents affecting multiple locations within Florida may be referred to the Florida Department of Law Enforcement, and to the FBI if involving federal issues. Section 817.535, Florida Statutes, makes it a third degree felony to record a fraudulent instrument against property. Additional enhanced penalties may apply depending on whether the victim was a public officer or employee, including monetary damages. If documents are found to have been recorded fraudulently, the court may issue an order invalidating, voiding, and removing those documents from the Official Records. What is the mailing address and hours of operation for the Recording Department? Our offices are at the Judge Jon B. Morgan Courthouse on the second floor located at 2 Courthouse Square, Kissimmee, FL 34741. Postal and overnight mail may be delivered to our Department at the following address: Osceola Clerk of the Circuit Court & County Comptroller Our office is open Monday – Friday from 8:00 a.m. – 5:00 p.m except for noticed holidays and emergencies. Our division stops recording at 4:30 p.m. each day. Documents received after 4:30 p.m. will be recorded the next business day. |
||||||||||||||||||
|
|
Kelvin Soto, Esq. |
Frequently Asked Questions |
|
|