Posted by Mary/AL on 2/24/05 9:35pm
Msg #22273

Unusual situation - need advice

Signing scheduled tomorrow a.m. - investment property located in one state - borrowers live in another state - signing being performed in AL. If I remember correctly I only have to follow AL laws regardless of where the property is located or where the borrowers live. Am I right? I don't mean to sound stupid but I've been a Signing Agent for 2 years and this is a first for me. Any advise would be appreciated. TIA

Reply by Becca/FL on 2/24/05 10:09pm
Msg #22286

You are correct.

I might ask the Co. that hired you if a witness is required for the state that the property is in - just to be safe. OR you can do a search here. PAW has listed the witness requirements many times.

Reply by PAW_Fl on 2/24/05 10:20pm
Msg #22298

As for the notarizations, yes you follow YOUR state laws. However, for recording purposes, the need for witnesses on deeds and mortgages is dictated by where the property is located as that is where the deeds and mortgages will be recorded.

Here is the current list of states that require witnesses for recording of deeds and mortgages:

2005 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

NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) VT - Effective 7/1/04, Act 150, Sec. 1.27 V.S.A. §2 was amended to remove witness requirements.
3) Lenders may require witnesses, even though there is no state requirement.

Reply by Becca/FL on 2/24/05 10:24pm
Msg #22300

You 'da man Paul.........n/m

Reply by Mary/AL on 2/25/05 7:07am
Msg #22378

THANKS!