Tuesday, May 9, 2017, 01:02 PM
Posted by Administrator
Today, I had a couple of deeds to record that I produced as a result of a divorce agreement. Deeds, as a lot of people know, aren't like car titles. You don't have to have the deed to sell the property, but, on the other hand, you do have to record the deed to property that's been transferred to you or the record owner (the owner according to the records of the Clerk of Court) can sell it, again, to someone else. And, the someone else will be the owner.

A judgment holder (usually, the successful plaintiff in a civil trial....but there are other judgments out there as well) can record a money judgment against the record owner before you record your deed and there will be a lien on the property and the fact that it is now yours won't matter. Unrecorded deeds have about as much value as a Zimbabwean dollar (look it up).

Anyway, I was waiting in line with my two deeds and one of the clerks said to me: "cash or check". When I said "check" she had me follow her down to a sign that said "Special Recording". I asked her what Special Recordings were. "Foreign judgments, plats," she said. Foreign judgments are when someone gets a money judgment against you in, say, North Dakota. The plaintiff can send a certified copy of the judgment to the clerk here and the judgment will create a lien on all (non-homestead in the Florida Constitutional sense...not the Tax Collector Sense) reak property you have in the county. That's the FULL FAITH AND CREDIT clause of the US Constitution at work. A judgment from another country has to be sued on here and the plaintiff would have to prove that you had notice and the right to be heard in a fair proceeding before the judgment would be accepted and recorded against you. But, other states we trust to do it right.

Plats get produced when developers buy a big piece of property. Surveyers come and maps get drawn of streets and rights of way and drainage ditches and bogs. When stuff gets built and sold, the deeds will refer to...for instance...Lot 7, Block 13 of the Happy Acres Subdivision No. 3 according to the Plat thereof record by the Clerk of the Circuit Court of Palm Beach County at Plat Book 7, Page 49. Otherwise, legal descriptions would be, as they were in the olden days...for example...begining at the stone marker next to Mlie 17 on Hwy 67, then North for 214.7 feet then West for 332 ft. ...and on back to the point of beginning. Nowadays, expecially for developments, you are a just block and lot in a plat. Or, if the original development failed....a replat.

Good stuff. Last time I was at recording, the question was who owned this part of Florida in the first place? Friends of the King of Spain? The brother of the first Court Clerk? We all know why Pennsylvania is called Pennsylvania?

We do know that. Right?

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