A deed is a written instrument that transfers the title of property from one person to another. 

If you are filing a deed in Lee County, it must meet the requirements that are outlined in Chapter 695.26, Florida Statute. There may be other statutory requirements for making a conveyance valid. The Clerk cannot assist with completing forms. We suggest that you contact a professional who is experienced with preparing a deed to assist you.

• "Prepared by" statement (name and address of the "natural" person preparing the Deed)
• Grantor(s) (Sellers-Party Giving Title) names legibly printed in the body of the deed
• Grantor(s) mailing address
• Grantee(s) (Buyer-Party Receiving Title) names legibly printed in the body of the Deed.
• Grantee(s) mailing address
• Signatures of Grantors
• Names printed under Grantors' signatures
• Two witnesses, with the names and addresses of witnesses printed under their respective signatures
• Complete Notary acknowledgment
• Names being acknowledged
• Date acknowledgment taken
• Signature of Notary
• Name printed under signature
• Commission expiration date
• Notary seal affixed
• A 3-inch by 3-inch white space on the top right-handed corner of the first page of each document and a 1-inch by 3-inch which space on the top right-hand corner of each subsequent page of the document. This space is necessary for us to apply computerized recording information

The Clerk collects documentary stamp tax at the time a deed is recorded. The tax is levied at the rate of $.70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. This tax is based on the sale, consideration or transfer amount and is usually paid to the Clerk of Court when the document is recorded. The Clerk sends the money to the Department of Revenue, which distributes the funds according to law. The sale price, transfer, or consideration amount must be on the deed or in a cover letter for recording.

To ensure your documents are recorded timely without extra costs, it's important you prepare them properly before submitting them to the Clerk's office.

• Every document must have a 3-inch by 3-inch blank square at the top right corner, for use by our office. If not enough space is available, you will be charge an additional fee for another page.
• Use legible writing, black print or typing for best microfilm or photograph reproductions. Also, date the body of the instrument.
• All instruments, except mortgages, that transfer any interest in real property, must contain the correct mailing address of the grantee, the person who is buying the property.
• The name and address of the person who prepares a document that pertains to the transfer of real property must be shown on the document.
• All items to be recorded must come with a self-addressed stamped envelope. The name, full address and zip code of the person to whom the recorded instrument will be returned must be written on the back of the document. The information on the back of the document and on the envelope must agree. Include the firm name, if applicable.
• Legal description of any real or personal property must be accurate.
• The spelling of names should be carefully verified. The form and spelling of any names in the instrument should be identical with the names and signatures in the document. The name must be typed or printed below every signature.
• Any document transferring any property requires two witnesses for each signature. However, the signature of a corporation uses a corporate seal instead of witnesses
• A person signing a document to be recorded must sign before the proper authority, such as a notary public. Notaries must state what form of identification was used, affix their seal, print their name and state the date that their appointment expires.

This section does not apply to:

• An instrument executed before July 1, 1991
• A decree, order, judgment, or writ of any court
• An instrument executed, acknowledged, or proved outside of this state
• A will
• A plat
• An instrument prepared or executed by any public officer other than a notary public

The Clerk collects documentary stamp tax at the time a deed is recorded. The tax is levied at the rate of $.70 per $100 (or portion thereof) on documents that transfer interest in Florida real property, such as warranty deeds and quit claim deeds. This tax is based on the sale, consideration or transfer amount and is usually paid to the Clerk of Court when the document is recorded. The Clerk sends the money to the Department of Revenue, which distributes the funds according to law. The sale price, transfer, or consideration amount must be on the deed or in a cover letter for recording.

Intangible tax on notes, bonds, or other obligations for payment of money secured by mortgage, deed of trust or other written specific lien in the nature of a mortgage upon real property shall be paid, at the time of recording, to the Clerk of Court.

Rate of 2 mills ($ .002) per dollar on the amount of the mortgage, or the amount financed (i.e. $2.00 on mortgage of $1,000.00).

Refer to the Florida Department of Revenue for more information.

 

• Unless a court or the Attorney General deems otherwise, an uncertified copy of a death certificate cannot be recorded, regardless if it is presented by itself or attached to another document.
• Florida death certificates presented to be recorded, must be a certified copy authorized for issuance by the Department of Health [Fla. Stat. Sec. 28.222 (3)(g)] which exclude the information that is confidential and exempt under [Fla. Stat. Sec. 382.008]
• Under [Fla. Stat. Sec. 382.008] death certificates from this state that include information relating to cause of death are confidential and exempt from [Fla. Stat. Sec. 119.07(1)]. Florida death certificates that include information relating to the cause of death will not be recorded.
• Non-Florida death certificates presented to be recorded, must be a certified copy issued by any of that state’s agencies or courts whether or not the document includes the information that is confidential under [Fla. Stat. Sec. 382.008]
• Under [Fla. Stat. Sec. 382.008] information, relating to cause of death is not confidential and exempt for Non-Florida death certificates and will not be redacted.

• Fort Myers Location: 2115 Second Street
• Cape Coral Location: 1039 SE 9th Place

• You must provide a self addressed stamped envelope with your document to be recorded to Lee County Clerk of Courts, PO Box 2278, Fort Myers, FL 33902

eRecording, or electronic recording, is the process of filing and recording documents with the Lee County Clerk's Official Records Services Office online. The secure online process saves time and money for customers by eliminating the need to submit documents by mail, courier service, or a personal visit. Click here to view the E-Record Official Records webpage for more details.

• You must put your document(s), payment, and a self addressed stamped envelope in a sealed envelope.
• Drop off the envelope in the drop box outside of our office in Fort Myers at 2115 Second Street or in Cape Coral at the Lee County Government Center at 1039 SE 9th Place.