Reply by PAW Notary Services on 9/30/04 7:54am
Msg #9080
NO, FL is NOT a witness state for MORTGAGES ...
However, Florida does require two witnesses for DEEDS THAT CONVEY PROPERTY.
Here are the statutes that pertain to each:
---------------------------------------------------------------------------------------------------------------
Florida statues do not require witnesses for mortgages.
Florida Statutes Chapter 695.03
Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.--To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers ...
However, the statues do require two (2) witnesses for deeds that convey property
Florida Statutes Chapter 689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law.
HOWEVER ... Some lenders and title companies still insist that mortgages be witnessed by two witnesses, regardless of the state statutes.
FYI - here is the current list of states requiring witnesses (according to my research):
2004 State Witness Requirements
-------------------------------
CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY, not mortgages
GA - 2 witnesses, one MUST be the notary
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one can be the notary
VT - 2 witnesses, one MUST be the notary
NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do
2) MI - witnesses are no longer required
3) Lenders may require witnesses, even though there is no state requirement.
|
Reply by Sylvia-FL on 9/30/04 10:21am
Msg #9084
NOT a 2 witness state
Happy
We are not a 2 witness state! Except, as Paul has pointed out, for deeds - such as QCD and WD's, GD's. Mortgages do NOT require two witnesses.
However, the lender can require 2 witnesses, and in those cases when borrower tells me they didn't need witnesses last time, I tell them that their lender is requiring it. (Many a time the lender will then tell them that it is a Florida state requirement!!).
|
