Posted by kcNot on 1/6/05 2:42am
Msg #15584

Witnesses

Have a signing tomorrow evening - Probate agreement and special warranty Deed. Title company's fax said that there needs to be two witnesses, one could be me and the second, someone not related to the owner. Can this second witness be related to me?

Reply by PAW Notary Services on 1/6/05 7:06am
Msg #15587

Yes. Typically, witnesses should not be related to the **signers** nor have any interest in the transaction. (Different states have different laws concerning this, but the precceeding is a good rule of thumb in any circumstance.)

Reply by kcNot on 1/6/05 9:58am
Msg #15594

Ok thanks

Reply by Margaret Craig on 1/6/05 9:16pm
Msg #15658

I have been told by title companies and signing companies that the witness can be a relative as long as they are not on the title or loan. I always use sisters, brothers, grown children.

Reply by PAW Notary Services on 1/6/05 10:24pm
Msg #15663

Title companies and signing services also think that backdating or "blind" witnessing is okay too. Check your state laws carefully about who can witness a real estate transaction. Even if there are no specifics, I would strongly urge not using any relative that has an inherited benefit, i.e. children, grown or not. Offspring have a direct benefit, though not explicit, in most residential, primary residence real estate transactions. Therefore, they may be excluded as a possible witness.

Reply by EO on 1/6/05 11:17am
Msg #15601

Just make sure the witness is actually present at the signing.

Reply by RONNIE BLACKBURN on 1/7/05 2:14am
Msg #15676

YES