Posted by Les_CO on 6/16/08 9:00pm
Msg #251567

FL notaries

On a vesting deed (warranty) in FL, I believe that there is a recording requirement for two witnesses, one of which may be the notary. My question is: may the 'other' (witness) be related to the "signer (s)" by blood, or marriage?

































































related to the "signer (s)" by blood or marrage?

Reply by BrendaTx on 6/16/08 9:05pm
Msg #251568

Re: FL notaries - I heard an echo! n/m

Reply by Linda Juenger on 6/16/08 9:06pm
Msg #251569

I just did a FL timeshare in IL. I was told that I needed 2 witnesses and I could be one. I was also told that the witness could not be blood related or by marriage to the borrowers. They had a neighbor come over.

Reply by Karen/OK on 6/16/08 10:17pm
Msg #251575

Had the same experience as Linda just this past week. In the instructions to the notary, it specifically said that the notary could be a witness but the other witness had to be a non-relative.

Reply by Teresa/FL on 6/16/08 9:06pm
Msg #251570

no n/m

Reply by Becca_FL on 6/16/08 10:35pm
Msg #251579

No. Should not be. n/m

Reply by PAW on 6/17/08 8:03am
Msg #251611

Not prohibited, but ...

... not a good idea. Though there are no statutes regarding the qualifications of being a witness, it is general practice, and case law has shown, that family members, whether by blood or marriage, or anyone with a direct interest in the transaction {e.g. property} should not be used as witnesses, as they would not be able to "objectively testify" if necessary.

When using a witness on any document to be filed or recorded in Florida, the witness must clearly print (or type) their names beneath their signature. Also, for estate planning documents, such as Wills, the witnesses must also provide their current residence address.

Reply by Les_CO on 6/17/08 11:02am
Msg #251634

Re: Not prohibited, but ...

Thank you for your answers. I like many of you have done some signings for timeshares out of FL. The contracting party wants the deeds (signed by the Grantors) to be witnessed, but not by a relative. I could see no valid reason for this requirement if the witnesses had no interest in the property.

Reply by jba/fl on 6/17/08 1:21pm
Msg #251652

Re: Not prohibited, but ...

"The contracting party wants the deeds (signed by the Grantors) to be witnessed, but not by a relative."

There is your valid reason, the law notwithstanding.

Reply by PAW on 6/17/08 1:26pm
Msg #251655

Exactly! n/m