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Re: Who has the ultimate responsibility of providing a witness
Posted by  JanetK_CA of CA on 10/15/18 1:51pm Msg #599426
I don't think there's any definitive answer to this question, although it's come up before. My personal opinion (as someone from a state that doesn't require witnesses for real estate documents) is that it must be the signers. I don't understand how they can expect the notary to provide someone, given the pay, especially from the companies that seem to be the ones requesting we bring someone. It just makes no sense to expect to tie up someone else's time to not only travel with us, but to sit around while we do our work - and for zero compensation. (It also makes no sense for them to expect we take care of compensating that person out of our fee.)

Whenever I've had documents from places where a witnesses are required (or estate planning docs where witnesses were needed for Wills and/or AHDs), people have been told ahead of time (usually by someone else, but by me, if not), and they arrange for a neighbor or friend to pop in, then leave when we're done with the witnessing part.

Others may disagree, especially from states that routinely require witnesses, but I still don't see how it makes any sense. (In a pinch, if signer says they don't know anyone, we've met at a public place to find a stranger willing to witness. This has been discussed here before, so I'll spare you all the details again.)
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Messages in this Thread
 Who has the ultimate responsibility of providing a witness - grapebed on 10/15/18 1:40pm
 Re: Who has the ultimate responsibility of providing a witness -  JanetK_CA on 10/15/18 1:51pm
 Similar situation as GB - I can sign as one witness - Linda_H/FL on 10/15/18 2:10pm
 Re: Similar situation as GB - I can sign as one witness - pdl/cali on 10/15/18 2:36pm
 Thanks everyone for your thoughts. I appreciate it. n/m - grapebed on 10/15/18 3:45pm
 Re: Who has the ultimate responsibility of providing a witness - SteveS/CA on 10/15/18 6:31pm
 Re: Who has the ultimate responsibility of providing a witness -  GQ/Orlando on 10/15/18 4:29pm
 Surprised is putting it mildly. - Lee/AR on 10/15/18 5:20pm
 Re: Surprised is putting it mildly. -  JanetK_CA on 10/15/18 8:15pm
 Re: Surprised is putting it mildly. - MikeC/TX on 10/16/18 6:23pm
 Re: Who has the ultimate responsibility of providing a witness -  walthtz on 10/15/18 9:08pm
 Re: It is the borrower's responsibility - Louisiana33 on 10/16/18 10:08am
 Nope, - rengel/CA on 10/16/18 12:58pm
 Re: Who has the ultimate responsibility of providing a witness -  sparky/NM on 10/31/18 2:12pm



 
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