Posted by John/CT on 3/10/09 8:22pm
Msg #280223
MI, OH, VT, WY Witness States?
Doing an out-of-state signing for Michigan property. Signing Service (A Keen) says the above are "Witness States". This is news to me. Paul, were you aware? How about input from NSA's in those states? TIA
| Reply by Sylvia_FL on 3/10/09 9:13pm
Msg #280229
Witness requirements
CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY, not
mortgages
GA - 2 witnesses, one MUST be the notary
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one can be the notary
VT - 2 witnesses, one MUST be the notary
NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty,
etc.) do
2) MI - witnesses are no longer required
3) Lenders may require witnesses, even though there is no state requirement.
| Reply by Patricia/VT on 3/10/09 9:27pm
Msg #280237
Re: Witness requirements
VT used to be a witness state However, in July, 2004, the witness requirement was dropped entirely. My source is Kathy Watters, Notary Supervisor in the Vermont Secretary of State's office.. Ms. Watters' phone # is: 802-828-2863.
You can read the pertinent statutes at http://www.leg.state.vt.us/statutes/fullsection.cfm?Title=27&Chapter=005&Section=00341,
Title 27: Property
Chapter 5: Conveyance of Real Estate
17 V.S.A. P 341. Requirements generally; recording.
Since July, 2004, there is no mention of a witness requirement
| Reply by Roger_OH on 3/10/09 9:42pm
Msg #280242
Witnesses eliminated here in '02... n/m
| Reply by Sylvia_FL on 3/11/09 7:13am
Msg #280279
Re: Witness requirements
Thanks Patricia
My list is probably from early 2004 before they abolished witness requirements.
| Reply by Maureen_nh on 3/10/09 10:49pm
Msg #280253
John, Word of caution--these folks are not up to date--hope their checking accounts are
| Reply by Patricia/VT on 3/10/09 11:35pm
Msg #280258
The information I posted above is accurate, and may be verified by calling the Secretary of State's office. It is also true that a lender may require a witness or witnesses, even when a state does not. It is your responsibility to know the laws in the state in which you are commissioned, and to comply with them, as well as to comply with the instructions from the title company.
| Reply by ReneeK_MI on 3/11/09 4:34am
Msg #280276
MI does NOT require witnesses
The witness requirement was abolished many years ago - thinking maybe 1997, but just guessing.
| Reply by TRG_wy on 3/11/09 7:49am
Msg #280282
WY is NOT a witness State? n/m
| Reply by PAW on 3/11/09 7:52am
Msg #280284
Most current list that I have:
State Witness Requirements (as determined by PROPERTY LOCATION) 2008
--------------------------------------------------------------------
CT - 2 witnesses on deeds of conveyance, one can be the notary
1 witness required on a mortgage
FL - 2 witnesses, one may be the notary - DEEDS ONLY (F.S.A 695.03 & 689.01)
GA - 2 witnesses, one may be the notary (GA Code - Title 44 § 44-14-33)
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one may be the notary
NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) Lenders may require witnesses, even though there is no state requirement.
MN - Witnesses are not required on conveyances or mortgages executed in Minnesota. Minnesota Statute Section 386.39.
RI - Per Stewart Underwriting Manual, witnesses are not required on conveyance documents (deeds) nor mortgages.
TX - Per Stewart Underwriting Manual, witnesses are not required on conveyances or mortgages executed in Texas, unless the person signing does so by making a mark instead of signing.
VT - Witnesses are no longer required. 27 V.S.A. 341 Amended 2004
MI - No longer requires witnesses. MCLA 565.201 - Requirements for recording with register of deeds - amended April 1, 1997
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