Does Florida use deeds of trust?
Florida is a mortgage state, not a deed-of-trust state — any instrument labeled 'deed of trust' for Florida property is legally treated as a mortgage anyway.
Florida doesn't use deeds of trust for its own real estate. Florida law treats any instrument intended to secure a debt against real property as a mortgage, no matter what it's titled (F.S. §697.01) — a small number of commercial or out-of-state-lender documents still use the "deed of trust" label, but Florida courts read them as mortgages. If you have a genuine deed of trust for property in a deed-of-trust state, a Florida-commissioned notary can still notarize your signature.
Why Florida is different
Many states use a three-party deed of trust: borrower, lender, and a trustee who holds legal title as security. Florida uses a two-party mortgage instead — the borrower keeps legal title, and the lender holds only a lien. F.S. §697.01 makes this a matter of substance over labeling: any instrument meant to pledge real property as security for a debt operates as a mortgage under Florida law, regardless of what it's called on the cover page.
If your property is in a deed-of-trust state
If you're signing a genuine deed of trust for property outside Florida — Texas, California, and other deed-of-trust states — the document itself is governed by that state's law, not Florida's. The notarization can still be performed by a Florida-commissioned notary, using the same identity-verification and RON framework as any other Florida notarization. Whether the destination state and its county recorder accept a Florida notary's acknowledgment is a separate question — confirm with the receiving party before your session.
Preparation checklist
- The completed, unsigned document
- One current government-issued photo ID
- Confirmed recording and acceptance requirements from the destination state or county, if the property isn't in Florida
What EMC does not do
I don't advise on which security instrument applies to your transaction, or on out-of-state recording requirements — confirm those with your lender, title company, or an attorney licensed where the property sits.
I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice.
Frequently asked questions
Does Florida use deeds of trust?
Not really. Florida uses mortgages instead, and F.S. §697.01 treats any instrument meant to secure a debt against real property as a mortgage regardless of its title.
I have a document literally called 'Deed of Trust' for Florida property — is that a problem?
Not for notarization purposes — I still notarize the signature the same way. But legally, Florida courts read it as a mortgage under F.S. §697.01, not as the three-party trust arrangement some other states use.
Can EMC notarize an out-of-state deed of trust?
Yes. I can notarize your signature by RON under Florida's notarization framework — whether the destination state and county recorder accept a Florida notary's acknowledgment is a separate question worth confirming before your session.
Is a deed of trust the same as a deed?
No. A deed transfers ownership of property. A deed of trust (or, in Florida, a mortgage) pledges property as collateral for a loan — it doesn't transfer ownership.
Do you handle the rest of my closing package too?
Yes — see Real Estate & Loan Signings for full closing packages, including notes, mortgages, and recording coordination.