The Short Answer

In Florida, a forged deed is generally treated as a serious title defect, and proving an improper notarization usually comes down to showing the deed was not actually executed by the true owner and that the notarization/acknowledgment is unreliable or tied to fraud. Because recorded deeds can appear “valid on their face,” these disputes often require a court action (commonly a quiet title-type case) and strong evidence to clear the public records.

What Florida Law Says

Florida law recognizes that defects in acknowledgments can sometimes be “cured” over time for instruments that have been of record long enough—unless there is fraud or other disqualifying circumstances. That means the legal fight is often less about minor technical notary mistakes and more about whether the deed (and its acknowledgment) is connected to fraud/forgery and whether the recorded instrument can still be relied on.

The Statute

The primary law governing this issue is Fla. Stat. § 694.08.

This statute establishes that certain recorded conveyances may be treated as effective despite defects in the acknowledgment (or lack of witnesses/seals) after they have been recorded for a long period, but that protection does not apply in the face of a showing of fraud (and related circumstances listed in the statute).

Why You Should Speak with an Attorney

While the statute provides the general rule, applying it to your specific situation is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: Section 694.08 includes time-based rules tied to how long an instrument has been recorded (including a 7-year recording period concept) and also references timing tied to when a validity challenge is brought, which can change the leverage and defenses in a forged-deed dispute.
• Burden of Proof: You typically need persuasive evidence that the deed was not actually signed/authorized by the true owner and that the acknowledgment should not be relied upon—often requiring credibility-heavy proof (documents, identity/signature evidence, and witness testimony).
• Exceptions: The statute’s “validation” concept can be defeated by a showing of fraud (and other statutory factors), but what qualifies and what evidence is sufficient is highly fact-specific and often litigated.

Trying to handle this alone can lead to procedural errors or dismissal of your case—especially because the goal is usually to clear the public records and protect (or restore) marketable title.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.