Posted by Ali-Il on 8/5/04 6:37pm
Msg #5578

confused

I am confused. I heard that in Illinois we don't need witnesses to a signing. I am talking about that line on docs that says the word witness on it? Now, someone else told me that she as the notary signs on the witness line. That a couple of lenders have returned the package because they wanted that on there. So, now she signs all of them.

Reply by PAW Notary Services on 8/5/04 10:38pm
Msg #5590

No, Illinois is not a witness state. Unless otherwise directed, you do not need to sign on the witness lines of the mortgage. However, please note that sometimes lenders and/or title companies do want the deed or mortgage (as well as other documents) signed by the notary as a witness.

For you information, the following is my compiled list of states that require witnesses for the document to be recorded. Note that it is the RECORDING STATE laws and statutes that dictate whether or not witnesses are needed and not the notary state laws. Therefore, if you are signing for property that is located in witness state, then witnesses are required for that document to record. It is not the responsibility of the notary to know when witnesses are required, nor provide them if they are required. However, I do submit that a prudent notary will inform the title company that they have "noticed" that the property is located in a witness state and how would the title company like the signing handled.

2004 State 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 Bob-CHicago on 8/6/04 10:45am
Msg #5603

Another explanation

Reply by Bob-Chicago on 8/6/04 11:06am
Msg #5606

OOPS

Paul is right that Illinois does not require witnesses
Mortgage and DOT docs are frequently desiged on a multi-state format and contain a witness line for use in a witness state. Again location of property, not location of signing.
Even though Florida only requires witnesses for a conveyance doc, many lenders require witness on a MTG or DOT. I get a fair number of those for "snow bird" bwrs. It is usually just easier to go with and have the docs wintnessed, even if not necessary, rather than calling, listening to "how important your call is" for twenty minutes and then getting involved in a long discussion about Florida Law. I figure that Floridians have enough trouble driving around at 20 mph with their left turn signal on to need to worry about witness requirements.
Some lenders require a witness on certain other docs, frequently a HELOC loan agreement or a Compliance of E&O. If there is a witness line there, i sign as a witness but ignore the witness line on the Mtg or DOT, unless it an out of state property, in which case I check if necessary.
Even if you witness a doc that does not require a witness, too much is better than not enough.

Reply by Ali-IL on 8/6/04 11:43am
Msg #5608

Thank you!

Reply by PAW Notary Services on 8/6/04 12:54pm
Msg #5619

Re: Thank you!

One last thing on witnesses. If you or anyone signs as a witness, the witnesses name must be legibly printed below the signature. Florida clerks are known for rejecting "witnessed" mortgages that only have signatures.

Reply by Dotti - CA on 8/6/04 11:06pm
Msg #5679

I've had the same request and now always sign as a witness on the Deed and any other document requesting one.