Posted by LarryTN on 7/18/06 2:40pm
Msg #133836

Witness

I have just received a Special Warranty Deed back from a signing I did...I allowed a family member to witness it and my instructions were to have a totally disinterested party and myself witness the document! Do I have a disinterested party mark through and sign above the original witness or do I attach an acknowledgment to this effect? Can anyone give me some help on this one? TIA

Reply by Sylvia_FL on 7/18/06 2:54pm
Msg #133838

Well, you would have to have somebody who actually witnessed the signing sign as a witness, so the document may have to be signed again in front of a disinterested party.

But (thinking aloud here) you have already acknowledged the signers signature, and as you aren't notarizing the witnesses signature then you shouldn't have to do another acknowledgment. Maybe someone will have a better answer. It is a situation I have never come across.

Reply by Jersey_Boy on 7/18/06 2:56pm
Msg #133839

isn't your family member a disinterested third party???

Reply by LarryTN on 7/18/06 3:00pm
Msg #133840

Yes, but my family member did not and can not witness the original signature! I am leaning toward having the signatory's secretary witness the document on an attached acknowledgement...What do you think about that?

Reply by Jersey_Boy on 7/18/06 3:17pm
Msg #133842

If I were you I would get written instructions from the company the hired you and follow them. If you try to figure out how to complete a change to a legal document... that may be ground for UPL....

Cover your butt... get instructions in writing and follow them to the t. This way if it's wrong... it's not your problem.

Reply by LarryTN on 7/18/06 3:25pm
Msg #133843

Thanks for your help, that sounds like a good idea!

Reply by Jersey_Boy on 7/18/06 3:37pm
Msg #133846

no problem... my pleasure... n/m

Reply by NCLisa on 7/18/06 4:25pm
Msg #133851

A family member, no matter how distant is never a disinterested 3rd party. A family member can inherit, which makes them a party with an interest.

Reply by Lynn Lowry on 7/18/06 3:32pm
Msg #133845

As a Notary, you cannot determine what needs to be done . .

. . . or it would be the UPL. The title company must instruct you what to do.

Does your state allow a subscribing witness to acknowledge a signature is that of a signer? If so, perhaps the title company will allow the subscribing witness to cross out the other witness' signature and sign, and you attach the required acknowledgement. Otherwise, my guess is that a new deed will need to be signed.