Posted by John Bouchard on 12/3/07 4:00pm
Msg #224032

Florida Mortgage Info - Do I Need A Witness

I am doing a closing for an out of state property in FL. I did one a while back ( maybe 3 - 4 years ), and remembered I needed to secure two witnessess for the mortgage. Is this still the case for Florida property?

Reply by Linda_H/FL on 12/3/07 4:07pm
Msg #224033

Normally, mortgages do NOT require witnesses in FL - just Deeds of conveyance (Warranty, QC, etc) which require two witnesses...but check with the county where the property is located - I know, for example, Dixie County DOES require two witnesses on mortgages or they'll reject the document for recording despite state law.

Reply by Lisa Prestegard on 12/3/07 4:07pm
Msg #224034

Only on deeds of conveyance, such as a Warranty Deed. However, check your lender instructions because some lenders (CW/FSL) still like witnesses on the Mtg., even though it is not required per Florida law.

Reply by John Bouchard on 12/3/07 4:13pm
Msg #224036

Just called the borrower - this is a purchase

and I have not received docs yet....the property is in Hudson, FL. Can I serve as a witness as well as a notary?

Reply by jba/fl on 12/3/07 4:23pm
Msg #224037

Yes you may be witness as well as notary. n/m

Reply by MikeC/NY on 12/3/07 8:10pm
Msg #224069

Check with whoever hired you to do the closing - each county may have different requirements, and it's not your responsibility to know what they are since you're out of state.

The general rule in Florida is that you don't need witnesses for a mortgage, but I've had a couple of Florida closings where witnesses were required by the TC. I always ask if there are specific requirements on an out of state closing - the hiring agency may not even be thinking about the rules.

Reply by Ernest__CT on 12/3/07 8:20pm
Msg #224072

The hiring company may not KNOW the rules!

In CT it's two witnesses, period. The Notary Public is permitted to be one of the two.

Long ago I lost count of the number of times that the borrower(s) had been told "Oh no, you won't need anybody but the Notary." The people who book the signing with the borrower may not know the law in the state where the signing is to take place (or the property is located). Mortgage brokers often don't know or care.

Reply by MistarellaFL on 12/3/07 9:04pm
Msg #224085

The hiring company may not KNOW the rules! Too true...

Especially if they are out of state.
Purchases may have a deed in the package, if you are handling the seller's side as well.
All deeds of conveyance in every county of FL require 2 witnesses, and the notary may be one of them.