Posted by Kathryn on 3/14/09 10:09pm
Msg #280794

Is Florida a witness state ? Or a spousal state? THANKS. n/m

Reply by Linda_H/FL on 3/14/09 10:27pm
Msg #280796

Re: Is Florida a witness state ? Or a spousal state? THANKS.

Witnesses required on deeds of conveyance only - not on mortgages..

Spousal - yes..

Reply by PAW on 3/15/09 6:58am
Msg #280813

Re: Is Florida a witness state ? Or a spousal state? THANKS.

The short answer is: Yes, FL is a witness states for DEEDS that convey property ownership. No, FL is not a witness state for security instruments (which in FL is a Mortgage). Yes, FL has spousal rights as granted by the Homestead Act, but is not a community property state. Therefore, the spouse has ownership rights for a primary residence if the property is homesteaded, whether or not the spouse is explicitly vested on title. For second home, investment or commercial property, the spouse does not necessarily have ownership rights unless specifically vested.


The long answer (as to witnesses) for those who do commercial and corporate signings, is somewhat complicated.

Conveyances

The customary form of conveyance is the FL Deed-Warranty 1. Other common forms of conveyance include the following:

* FL Deed-Warranty (Special) 1
* FL Deed-Fee Simple 1
* FL Deed-Quitclaim 1
* FL Deed-Warranty (Corporation) 1
* FL Deed-Warranty (Corporation-Special) 1
* FL Deed-Fee Simple (Corporation) 1
* FL Deed-Quitclaim (Corporation) 1

Quitclaim deeds are not acceptable forms of conveyance for insuring purposes.

In the case of an individual, two witnesses must sign the document of conveyance. (Florida Statutes Sec. 689.01) In the case of a corporation, no witnesses are required to sign the document of conveyance if it is executed by the corporation’s CEO, president or vice president, and the conveyance contains a corporate seal. If the deed is executed by a corporate officer other than the CEO, president or vice president and it does not contain a corporate seal, two witnesses are required as well as a corporate resolution authorizing the officer to execute deeds or the particular deed.

If a conveyance document has been executed and acknowledged in accordance with the laws of another state, it is acceptable for recordation and constructive notice in Florida if it is executed with the same formalities as those required for a deed executed in the State of Florida. Therefore, if the state in which the deed was executed and acknowledged does not require two witnesses to a conveyance, it will **not** be acceptable for recordation purposes in Florida.



Security Instruments

The customary security instrument is the Mortgage document. Deeds of Trust are rarely used because Florida does not recognize non-judicial sales pursuant to a power of sale.

Witnesses are not required for mortgages executed by an individual or a corporation.

In the case of a corporation, if a mortgage is signed by the president, any vice president or chief executive officer and sealed with the corporate seal, it is acceptable.

If the corporation seal is not impressed on the mortgage, then the resolution of the board of directors granting the person signing the authority to act on behalf of the corporation should be attached to the mortgage.

If a mortgage has been executed and acknowledged in accordance with the laws of another state, it is acceptable for recordation and constructive notice in Florida if it has been executed by the same formalities as those for a deed in the State of Florida.

Source: Stewart Insurance Underwriting Manual

Reply by MW/VA on 3/15/09 10:13am
Msg #280823

Re: Is Florida a witness state ? Or a spousal state? THANKS.

I've done a # of signings recently for Florida properties. They have required 2 witnesses on the mortgage. According to this, that isn't correct. How should I handle future requests?

Reply by Teresa/FL on 3/15/09 11:15am
Msg #280825

Re: Is Florida a witness state ? Or a spousal state? THANKS.

The lender or title company may have requested witnesses, even though they are not required by Florida law.

I have done many closings where I was instructed to have two witnesses on the mortgage. It is usually an out of state title company that makes this request. I just inform them that they are not required by law and ask if they are really necessary. If they insist on the witnesses, I inform the borrower that he will need to provide a witness. It can become a problem if the borrower is unable or unwilling to provide a witness. Some borrowers tell me that they have never had to provide one before, so I refer them to the title company or lender regarding this requirement. Occasionally, the request for witnesses will be dropped if the borrowers are insistent enough.

Reply by John/CT on 3/15/09 1:23pm
Msg #280833

Re: Witnesses

"The lender or title company may have requested witnesses, even though they are not required by Florida law."

Or, the mortgage document itself may simply provide for witnesses, as in the Fannie Mae/Freddie Mac "Uniform Instrument" (e.g., the Florida state-specific Form 3010).

Reply by PAW on 3/15/09 8:10pm
Msg #280844

Re: Witnesses

>>> Or, the mortgage document itself may simply provide for witnesses, as in the Fannie Mae/Freddie Mac "Uniform Instrument" (e.g., the Florida state-specific Form 3010). <<<

Just about every mortgage that I have done (including my own) have had witness lines. Most software packages that print the mortgage, by default include them. That does not mean that they have to be used. The "boilerplate" includes them because of the few states that actually do require witnesses to the execution of the Mortgage.

Reply by MW/VA on 3/16/09 9:08am
Msg #280858

Re: Is Florida a witness state ? Or a spousal state? THANKS.

Thanks. We have no witness requirements in VA, so it is a real PIA. I know the notary can be one witness. It's about remembering to let the borrower know that someone has to be there.