Florida Real Estate Closing Documents: What Can Be eRecorded?

A successful Florida real estate closing depends on more than signed paperwork. Many of the documents that transfer ownership, create a mortgage lien, release a prior lien, or update the public record must be recorded with the county.

eRecording makes that final recording step more convenient for eligible documents. Instead of sending documents by courier or making a courthouse trip, title and escrow companies, lenders and financial organizations, and real estate teams can submit qualifying documents electronically and receive the recorded copy through their account.

But there is an important distinction: electronic submission does not make every closing document recordable. A document must first be legally eligible for the county’s Official Records and meet all applicable execution, notary, witness, formatting, fee, and county requirements.

Quick Answer

Deeds, mortgages, assignments, modifications, satisfactions and releases, easements, affidavits, and powers of attorney are commonly recorded in Florida real estate transactions and are often eligible for eRecording. Documents such as purchase agreements, closing disclosures, and promissory notes are usually retained in the transaction file instead. Eligibility depends on the document, the county, and whether the instrument is properly executed.

What Does eRecording Mean in a Florida Real Estate Closing?

eRecording is the electronic submission of eligible documents to the county recorder for recording in the Official Records. For a full walkthrough of the process, see our guide to how eRecording works in Florida.

Florida’s Uniform Real Property Electronic Recording Act recognizes electronic documents, signatures, and notarial acts for recording when the legal requirements are met. The law also allows county recorders to receive, index, store, and transmit electronic documents.

For a closing team, that can mean a more streamlined path from a completed recording package to a recorded document. However, the county recorder, not the eRecording platform, determines whether a submitted document is accepted for recording. Coverage also varies by jurisdiction, so confirm that the property’s county appears on our supported counties list before you rely on electronic submission for a closing date.

Common Florida Closing Documents That May Be eRecorded

The following documents are commonly recorded in connection with Florida real estate transactions and may be eligible for eRecording, depending on the county and the document’s legal sufficiency.

Deeds

A deed transfers an ownership interest in real property. Common examples include:

  • Warranty deeds
  • Special warranty deeds
  • Quitclaim deeds
  • Personal representative’s deeds
  • Trustee’s deeds
  • Corrective or corrective deed instruments

Florida county recorders are required to record deeds and other instruments relating to the ownership or transfer of real property when they are properly presented and required charges are paid. See Florida Statute §28.222.

Because deeds are legally significant, execution details matter. In Florida, instruments conveying an estate or interest in real property generally require the signing party to sign in the presence of two subscribing witnesses. Florida Statute §689.01 also addresses electronic witnessing. Deeds, affidavits, and easements are among the document types Swift supports for real estate professionals.

Mortgages

A mortgage is commonly recorded to place the lender’s security interest in the public record. In a financed purchase or refinance, the mortgage is often among the core documents submitted for recording.

Before submission, confirm that the mortgage contains the required borrower, lender, property, signature, acknowledgment, and execution information. Your lender, title company, and closing attorney should determine the final recording package. Swift supports mortgage documents, modifications, assignments, satisfactions, and releases for lending and financial organizations.

Assignments of mortgage

An assignment of mortgage documents the transfer of a mortgage interest from one party to another. These documents are often recorded after loan transfers, servicing changes, or other transactions involving the lender’s interest.

Where eligible, electronic submission can help teams avoid a separate physical delivery process.

Mortgage modifications

A loan modification may be recorded when it changes terms connected to a previously recorded mortgage. Referencing the original recording information accurately is essential, since the purpose is to connect the modification to the existing public record.

Satisfactions, releases, and partial releases

Once an obligation has been paid or released, a satisfaction or release document may be recorded to update the public record.

Examples include:

  • Satisfaction of mortgage
  • Release of mortgage
  • Partial release
  • Release of lien
  • Assignment, release, or satisfaction related to an existing recorded instrument

Florida law specifically identifies assignments, releases, cancellations, and satisfactions of mortgages and liens among the types of instruments recorded in Official Records. Always verify that the party signing the document has the authority to release the interest.

Association liens and their releases follow a similar pattern when a unit changes hands. Those instruments are covered on our page for HOAs and property management companies.

Easements and access agreements

Easements establish certain rights to use or access property. Depending on the transaction, a closing package may include:

  • Utility easements
  • Access easements
  • Drainage easements
  • Ingress and egress easements
  • Easement releases or modifications

These documents can affect title and should be reviewed carefully for a complete legal description and correct execution before recording. When a closing is tied to new construction, the recording package may also involve construction instruments such as Notices of Commencement and claims of lien, which are covered on our page for contractors.

Affidavits and supporting title documents

Closings may involve affidavits that help clarify title, identity, marital status, heirship, possession, or other facts relevant to the transaction. Whether an affidavit should be recorded depends on its purpose and the closing requirements.

A county’s accepted eRecording document types often include affidavits. For example, Hillsborough County’s published eRecording rules list affidavits, deeds, assignments, easements, mortgages, releases, satisfactions, powers of attorney, and terminations among eligible categories. County rules can differ, so always check local requirements before submission.

Powers of attorney

A power of attorney may need to be recorded when it is used in connection with an instrument affecting real property. The closing team should confirm whether it must be recorded with, before, or alongside the related transaction documents. Attorneys handling recordable instruments alongside a closing can review the document types Swift supports for legal professionals.

Closing Documents That Are Usually Not Recorded

Not every document signed at closing belongs in the county’s Official Records.

Documents commonly retained in the transaction file rather than submitted for recording may include:

  • Purchase and sale agreements
  • Closing disclosures and settlement statements
  • Promissory notes
  • Loan applications and underwriting documents
  • Internal lender instructions
  • Title commitments and title searches
  • Tax, insurance, and escrow paperwork

There are exceptions. For example, a party may choose to record a recordable memorandum or agreement in a particular transaction. The key question is not whether a document was signed at closing. It is whether the document is legally authorized and appropriate for recording.

DocumentTypically submitted for recording?
Warranty or quitclaim deedYes, subject to county eligibility and proper execution.
MortgageYes, to place the lender’s security interest in the public record.
Assignment or modification of mortgageYes, with accurate references to the original recorded instrument.
Satisfaction, release, or partial releaseYes, when signed by a party with authority to release the interest.
Easement or access agreementYes, when it affects rights in the property.
Affidavit affecting titleDepends on its purpose and the closing requirements.
Power of attorneyDepends on how it is used in the related instrument.
Purchase and sale agreementUsually no, unless a recordable memorandum is used.
Closing disclosure or settlement statementNo, retained in the transaction file.
Promissory noteNo, retained by the lender.

How to Prepare Documents for eRecording

Before sending a closing document for electronic recording, use this checklist.

Confirm that the document belongs in the Official Records

The document should affect ownership, transfer, encumbrance, lien status, or another interest that is legally recordable. If you are unsure, consult the closing attorney, title company, or county recorder.

Check execution requirements

Verify signatures, acknowledgments, witness requirements, notarial requirements, legal names, signing authority, and entity capacity before submitting. eRecording is a delivery method. It does not correct an incomplete or improperly executed document.

Review property and recording references

Confirm the legal description, parcel or folio information where applicable, property address, and references to any prior recorded document. Small errors in names, legal descriptions, or recording references can lead to rejection or later correction work.

Follow the county’s document and image standards

Each county can have specific requirements for document types, image quality, indexing data, submission format, and fees. Hillsborough County, for example, accepts scanned ink-signed documents and electronically signed or notarized documents through eRecording, but also lists certain document categories that are not eligible for electronic submission. Review the requirements for the county where the property is located before you submit.

Do not assume same-day recording

Electronic submission can eliminate a physical delivery step, but it does not guarantee same-day recording. Recording times can be affected by county hours, document quality, volume, fees, rejections, and other processing issues. Build realistic timing into any closing with a firm deadline.

Why Title and Escrow Teams Use eRecording

For eligible Florida real estate documents, eRecording can help teams:

  • Submit documents without a courthouse trip
  • Track the status of recording orders
  • Receive recorded copies electronically
  • Reduce reliance on couriers, printing, and manual delivery
  • Keep closing records organized in one place

Swift E-Recording supports eligible real estate documents, including deeds, mortgages, easements, assignments, releases, satisfactions, and affidavits. Upload the completed document, submit the order, monitor progress, and access the recorded copy through your account. Submissions travel through a secure connection, and you can review our security practices before opening an account.

Closings are one part of a larger recording workload. Swift also serves contractors, permit expeditors, legal professionals, HOA and property management companies, and government agencies. A full breakdown is available on the industries we serve page.

Frequently Asked Questions

Can every closing document be eRecorded?
No. Only documents that are legally eligible for the county’s Official Records can be recorded, and county rules determine which of those document types can be submitted electronically. Many closing documents are simply retained in the transaction file.
No. Execution requirements come from Florida law and apply regardless of how the document reaches the recorder. Instruments conveying an interest in real property generally require the signing party to sign in the presence of two subscribing witnesses.

In many counties, yes. Hillsborough County, for example, accepts scanned ink-signed documents as well as documents that were signed and notarized electronically. Confirm the rules for the county where the property is located.

Not necessarily. Electronic submission removes the delivery step, but county hours, volume, image quality, fees, and rejections all affect turnaround. Plan extra time when a closing has a firm deadline.
The county recorder. An eRecording platform delivers the submission and returns the county’s response, but the recorder determines whether the instrument can be recorded.
It may need to be recorded when it is used in connection with an instrument affecting real property. The closing team should confirm whether it must be recorded with, before, or alongside the related transaction documents.

Swift E-Recording supports eligible construction and property documents for contractors, permit expeditors, legal professionals, title and escrow companies, HOAs and property management companies, and government agencies. The industries we serve page lists the document types available to each, and our security practices explain how submissions are protected in transit.

Record Eligible Closing Documents with Swift E-Recording

A real estate transaction moves quickly at the finish line. When your documents are complete and ready for county recording, Swift E-Recording helps title companies, escrow professionals, lenders, and real estate teams submit eligible Florida documents online, track recording status, and retrieve recorded copies.

This article is for general informational purposes only and is not legal advice. Recording eligibility and execution requirements can vary by document, county, and transaction. Consult a qualified Florida real estate attorney, title professional, lender, or county recorder for guidance on your specific closing. Questions about coverage or document eligibility can go to our contact page.