We can’t say this is a trend, but we see “cookie crumbs” creating a trail of what may become something that will impact our clients and their deed-signing processes.
The trail starts in Georgia, where House Bill 1292 recently was signed by the Governor, and starting January 1, 2025, with certain exceptions, people submitting deeds for recording with county clerks land records will be required to present “information sufficient to identify such individual.” The statute identifies examples of acceptable IDs, naming a driver’s license, passport, military identification card or personal identification card. The legislative purpose appears, in part, to provide remedies for fraudulently recorded deeds or other instruments. Though from a practical perspective, when a person presents a deed for recording who is not the grantor, then collecting and maintaining an ID may not be as helpful as the Bill intended.
Then in Florida, Statute 28.2225 created the Lee County Title Fraud Prevention Through Identity Verification Pilot Program. Similarly, this Florida statute allows for the Lee County clerk’s office to require the person presenting a deed or other instrument for recording to produce a government-issued photo identification card. Though different from Georgia, there are no exceptions that allow a filer to not present an ID. Still, the intent appears to track and prevent fraud, as Lee County is tasked with submitting a report by December 31, 2025, that includes an analysis of whether or not the pilot program led to the discovery and prosecution of anyone fraudulently conveying property.
Of interest to our clients and where the Lee County Pilot Program will impact us, is that while the Statute only allows Lee County to collect identification of those people presenting deeds for recording, the Lee County clerk’s office instead is requiring identification of both the grantor (including people signing deeds on behalf of companies) and the grantee. We asked the clerk’s office about the discrepancy between what they are requiring and what the statute allows, and they said their county attorney interprets the statute as intending to protect parties to a real estate transaction from fraud, and therefore their interpretation is to require IDs from both parties and not the person presenting the deed for filing. For reference, here is the Lee County’s memo outlining the pilot program and requirements: Microsoft Word – Pilot Program Lee Clerk 2024 May_ FINAL.docx.
We can’t imagine many people who sign deeds on behalf of a foreclosing lender or REO seller are eager to provide their driver’s license to a county clerk’s office. However, there is some good news, as Lee County’s pilot program memo allows for much information on one’s identification to be redacted, all except for the signor’s name, photo, signature and address. A sample driver’s license with redacted information is attached for reference.
Granted, this just is one county in southwest Florida, in an area that includes Fort Myers and Bonita Springs. It is unlikely that our clients have a high volume of properties there, if any. But still, at least for this one Florida county, the identification of someone signing a foreclosure or REO deed will need to be presented along with the deed for recording. We foresee this type of requirement spreading elsewhere in other states legislative sessions next year. We reached out to the Property Records Industry Association to ask if they are maintaining a list of similar requirements in other jurisdictions, but have not heard back yet.
For now, please note that Lee County, Florida, requires a redacted driver’s license for whoever signs your deeds. For more information, feel free to contact me at stuart.gordan@mccalla.com.
Stuart Gordan
REO & Closing Group Managing Partner
McCalla Raymer Leibert Pierce, LLC