Posted by peterole_MN on 2/4/05 1:06pm
Msg #19427

WITNESS REQUIREMENT IN FLORIDA

I have signing in MN for property in Venice, Florida. I understand that two witnesses are required and that one can be myself. My wife will be the othe witness, is that ok? And, do Journal the witness info?

Anything else I shoud be looking for on this project? Like, on the Notary section do I enter State of Florida and the county the property is in? I have not yet seen the docs.

Reply by Victoria/FL on 2/4/05 1:27pm
Msg #19429

Yes, your wife can be the other. I journal all witness information (address and identification info) in my journal, just as a precaution.

Without seeing the documentation, I believe you will put the State and County you are notarizing in.

Reply by Bob-Chicago on 2/4/05 3:41pm
Msg #19439

That is not the way that I understood it

Reply by Boo-Chicago on 2/4/05 3:44pm
Msg #19441

OOPS

I will, of course defet to Paul, Sylvia or another FL guru, but I understood that witness is needed only if property is beging conveyed by deed. Not needed if only a Mtg
Don't go by what I say, however, I can barely keep track of Il requirements.

Reply by Becca/FL on 2/4/05 6:56pm
Msg #19455

True Bob, however...

for some reason WaMu wants the mtg witnessed by to witnesses, Notary can be one. This is a lender requirement NOT a State reqirement.

Reply by BrendaTX on 2/4/05 3:45pm
Msg #19442

>> Like, on the Notary section do I enter State of Florida and the county the property is in? <<

If I am in Texas and I receive docs for another state's property:

I put

Reply by BrendaTX on 2/4/05 3:45pm
Msg #19443

>> Like, on the Notary section do I enter State of Florida and the county the property is in? <<

If I am in Texas and I receive docs for another state's property:

I put

Reply by BrendaTX on 2/4/05 3:45pm
Msg #19444

>> Like, on the Notary section do I enter State of Florida and the county the property is in? <<

If I am in Texas and I receive docs for another state's property:

I put

Reply by BrendaTX on 2/4/05 3:54pm
Msg #19445

Bad computer bad bad...here's my response

>> Like, on the Notary section do I enter State of Florida and the county the property is in? <<

Vacationing NM couple are here and I do their docs. The property is in NM.

I see on the back page of the DOT:

STATE OF
COUNTY OF

On the ___ day of ____BLAH BLAH


--------
IT SHOULD READ:

STATE OF TEXAS
COUNTY OF AAAAAA

On the ___ day of ____BLAH BLAH


(((((((( if I am in AAAAAA COUNTY, TEXAS when I see the person sign and place my stamp on the document. Wherever >>you<< are is the VENUE. )))))))))

-------
If I am in BBBBBB COUNTY, TEXAS and notarizing docs for Chicago IL property, I put

STATE OF TEXAS
COUNTY OF BBBBB

On the ___ day of ____BLAH BLAH

Reply by BrendaTX on 2/4/05 3:57pm
Msg #19446

BUT that's how MY Tx RULES read...

You should get your educational materials out with your MN rules to check what I have stated against your own state's rules!

Reply by peterole_MN on 2/4/05 7:40pm
Msg #19459

Re: BUT that's how MY Tx RULES read...

Thanks...very helpftul.

Reply by PAW_Fl on 2/4/05 9:34pm
Msg #19468

The Florida witness requirement is often misunderstood by title companies that normally do not handle Florida property. (Heck, even some local companies don't get it right!) Anyway, in Florida, MORTGAGES DO NOT REQUIRE WITNESSES for recording, however, deeds that convey property (Warranty Deed, Quit Claim Deed, etc.) do require two witnesses, one of which can be the notary.

HOWEVER, the witnesses MAY be required by the lender or the title company, in which case witnesses would be needed, regardless.

For the mortgage or deed to be recorded, the witnesses must sign the document and PRINT THEIR NAMES legibly BENEATH THEIR SIGNATURE.

Reply by Margaret/Florida on 2/5/05 3:13pm
Msg #19515

Most lenders I do signings for in Florida require two witnesses, not the State of Florida.
I had a packet that had a document, so-called an affidavit that the borrower was to certify that their property had not sustained any hurricane damage from hurricane Charley. I attached my own affidavit to theirs and notarized it. The form they had did not have any notarial wording. They called me and asked me why I did not notarize their "affidavit". I told them that what they called an "affidavit" what in fact - NOT AN AFFADAVIT I also told them that they needed to change the wording to "Storm Damage" not just hurricane or not just Charley. I did a signing Friday for them and they have changed the form to comply as a legal affidavit, but they still are just saying Hurricane Charley. I called and made the suggestion to change the wording to storm damage. Let's see if they change this. I told them that many borrowers had laughed at the form and said "What if I had damage from Hurricane Frances?"
I told them that I was sure they meant any hurricane damage.

Reply by PAW_Fl on 2/5/05 9:34pm
Msg #19536

If you are referring to CitiBank, they have different affidavits for each hurricane. In these parts, the borrowers must complete two affidavits: Charley and Frances. Surprisingly , they didn't include one for Jean.

I also feel that you have overstepped your bounds telling them that the paper they are signing is "NOT AN AFFADAVIT", when in reality, they can call the instrument anything they want. By definition, an affidavit is a written declaration made under oath before a notary public or other authorized officer. Since the form had no notarial wording, I called to get direction as to what was needed and was told that a jurat must be attached since the borrowers are declaring, under oath, that "I, <they insert their own names> Confirm that my subject property, located at: <they insert their property address> Sustained no structural damage associated with Hurricane Frances (or Charley)."

Out of curiosity, what were the changes to make it a "legal" affidavit? Why was it "illegal" before?

By attaching your own affidavit, you may be courting UPL. I suggest you should never add any documents to the package, nor remove any nor change any content. Your purview is the notarial certificate, nothing else.

Also, I would never surmise anything a lender or title company wants. You said, "I told them that I was sure they meant any hurricane damage." I suggest you not second guess what the lender wants or means. If the signers have a question about content, they need to contact their LO or broker.

Reply by PAW_Fl on 2/5/05 9:37pm
Msg #19537

>>> Most lenders I do signings for in Florida require two witnesses, not the State of Florida. <<<

I find that very interesting. Most lenders that I do signings for in Florida DO NOT require any witnesses. WaMu being the big exception. There may be witness lines on the documents, most notably the mortgage, but that doesn't mean they have to be utilized. Obviously, deeds in the package would require two witnesses per FL statutes.

Reply by Margaret/Florida on 2/6/05 10:51am
Msg #19557

It is in the Notary instructions for some lenders that 2 witnesses are required. Also when I called about attaching my own certificate to the Hurricane affadavit, they praised me for calling. The told me that no other notary had questioned the form. They also told me that most notaries did not know enough to ask. I was asked why I did not put my stamp on the form. I replied that you can not put your stamp on a form without notarial wording, that I had to attach my certificate. They said an acknowledgement was fine not a jurat. I have to go by what they tell me to do.