Posted by Andrea Di Paolo on 3/31/09 5:39pm
Msg #282893

NY Witness number

Does anyone know HOW MANY witnesses you need to have for a mortgage doc in NY? There are two witness lines, I BELIEVE I can sign as witness #1, but do I legally need two?
Thanks!

Reply by NC_Notary on 3/31/09 5:52pm
Msg #282894

I don't remember NY being a witness state....

Sometimes the document is just formatted with witness lines but it does not mean that additional witness are required. If the property being refinanced is located in a witness state but the signing is taking place in NY then that senerio changes. You would need to find out the witness requirements for the state where the property is located in.

Reply by Andrea Di Paolo on 3/31/09 6:54pm
Msg #282902

Re: I don't remember NY being a witness state....

It's a NY refi in NY, but the signer is an attorney and I didn't want him to jump all over me if I was wrong. I can't seem to find it anywhere online if two are required. I'll just check with the lender because the SS doesn't know anything. Thanks!

Reply by Linda_H/FL on 3/31/09 5:56pm
Msg #282896

You should check with your hiring party...

although witnesses may not be required by your state/county, the lender may require witnesses on their mortgage.

Reply by MikeC/NY on 3/31/09 7:54pm
Msg #282911

You don't need any - the witness lines are there because that's how the software is designed. NY doesn't require anything other than a notarization.

Reply by MikeC/NY on 3/31/09 8:03pm
Msg #282913

I just realized that you're a NY notary - you really need to know this stuff. The only thing NY is concerned about is the wording of the acknowledgment on a conveyance of property. In all of NY notary law, it's the one thing that is specific; everything else is fuzzy and pretty much left open to your own interpretation.

Your client MAY require witnesses; NY does not.

Reply by Andrea Di Paolo on 3/31/09 10:34pm
Msg #282946

I thought I DID know it - then I saw two witness lines in the last two NY refi's with instructions from the one lender to remind the borrower to have a witness and I panicked. I second guessed myself because I've been doing the majority of closings in Fairfield county in CT as I am commissioned there too, where it IS required. I got all turned around and wanted to double check, but couldn't find it anywhere in writing.

Thank you everyone for putting my mind at ease.