Posted by Kirod9jx on 9/16/06 6:18am
Msg #146492

Witness Closings-How do you guys handle it?

Florida is not a Witness state on Refi's but lately I have noticed many lenders have witnesses on the
Mortgage. Last night I got docs late, ran to appt and noticed they needed a witness. Luckily it wasn't an
issue but it has been in the past. Should I start asking when the appt is made if witnesses are required?
How does everyone else handle this?
Thanks
Karen

Reply by BP/WV on 9/16/06 7:29am
Msg #146493

I see that alot here in WV as well. I do not complete it. I have never had a problem with a lender or TC.

Reply by BP/WV on 9/16/06 7:31am
Msg #146494

I guess I should clarify that

I do not complete it, meaning, I do not have a witness sign

Reply by Sylvia_FL on 9/16/06 7:37am
Msg #146495

All the mortgages I have seen have had witness lines on them. I just ignore them.
If the company questions me on it later I just tell them that witnesses are not required in Florida and point them to the relevant statute.

Reply by PAW on 9/16/06 8:09am
Msg #146505

As you stated, FL does not require witnesses on mortgages. However, most doc prep software will included two witness lines on mortgages, whether or not they are "needed". In FL, unless specifically directed by the lender or title company to have witnesses, you can ignore those lines, have the owners sign the mortgage and complete your notary certificate. (As a notary public, you are considered an "official" witness to the transaction. That's why FL allows notaries to also act as witnesses on most documents requiring witnesses.)

Reply by Ernest__CT on 9/16/06 8:14am
Msg #146506

CT requires two witnesses; notary can be 1 of 2.

It is VITAL to inform the borrower(s) that it is THEIR responsibility to arrange to have a witness present when making the phone call confirming the appointment. Do not debate. Unless your client is willing to pay for you to provide a witness, don't offer to bring an additional witness. (There are exceptions, of course.)

The state in which the property being mortgaged is located determines the witness requirement. If, for example, a borrower were vacationing (and signing) in FL but was signing for refinancing a CT property, then two witnesses would be required.

While we're on the subject of confirmation calls to borrowers, it is during that call that the rules for identification need to be explicitly stated. For example, CT will NOT allow a Social Security Card to be used as ID.

Reply by Bob_Chicago on 9/16/06 8:27am
Msg #146511

Have one this AM for a TN Propety. Requiring two......

witnesses, neither of whom can be NP. No clue why, but
will follow the golden rule. "the one with the gold
gets to make the rules"

Reply by Bob_Chicago on 9/17/06 11:45am
Msg #146594

Turned out to be lender reqmt becuase one bwr.......

was signing with a POA. Signing was at branch, so there were plenty
of witnesses available.
Explaines why I could not find TN on any of my reqd witness lists.
EOM crunch starts this week. Hope that everyone has a good one.