Does a Florida promissory note need to be notarized?
Florida law doesn't require it — a signed note is already a binding negotiable instrument. Lenders ask for notarization anyway, especially alongside a recorded mortgage.
No. A Florida promissory note is a binding negotiable instrument under the Uniform Commercial Code (F.S. Chapter 673) once signed and dated — notarization isn't a legal requirement. Lenders commonly want it notarized anyway, especially when the note is part of a larger closing package alongside a mortgage that does need to be recorded.
What Florida law requires
A promissory note is valid once it meets the negotiable-instrument requirements of F.S. Chapter 673 — an unconditional promise to pay a fixed amount, signed by the maker. Notarization and witnessing aren't statutorily required for the note itself.
Why lenders ask anyway
The note is usually paired with a mortgage, the separate security instrument that does need a notarized acknowledgment to be recorded (F.S. §695.03, the same requirement that applies to a deed). Lenders often notarize the whole closing package, note included, for consistency and to deter later disputes about whether the signature is genuine — not because the note itself legally requires it.
Who signs
- The maker (borrower) signs
- No witnesses are statutorily required, though some lenders request one as their own practice
Preparation checklist
- The completed, unsigned note
- One current government-issued photo ID
- Confirm with your lender whether they want the note itself notarized, witnessed, or both
The record behind this page
Florida documentary stamp tax on a promissory note is 35 cents per $100 of the indebtedness, capped at $2,450 per document.
$0.35 per $100 or fraction thereof of the indebtedness; maximum $2,450 per document (s. 201.08(1)(a))
Florida's Uniform Commercial Code defines a negotiable instrument by three elements, and a notarial act is not among them.
An unconditional promise or order to pay a fixed amount of money that (a) is payable to bearer or to order, (b) is payable on demand or at a definite time, and (c) states no other undertaking beyond payment, apart from the permitted terms the section lists
Frequently asked questions
Does a Florida promissory note need to be notarized?
No. It's a binding negotiable instrument once signed under F.S. Chapter 673 — notarization isn't a legal requirement. Lenders often want it notarized anyway, especially alongside a recorded mortgage.
Does it need a witness instead?
Not by statute, though some lenders ask for one as their own practice. Confirm with your lender.
Can EMC notarize a promissory note remotely?
Yes, by RON, the same as any other document, if your lender wants it notarized.
Is a promissory note the same as a mortgage?
No. The note is the borrower's promise to repay; the mortgage is the separate security instrument that pledges the property as collateral and gets recorded with the county.
Do you handle the whole closing package, not just the note?
Yes — see Real Estate & Loan Signings for full closing packages, including the note, mortgage, and any other required documents.