Posted by jayflorida on 8/21/04 5:12pm
Msg #6448

witness signing

I was wondering, I have been doing loan signings for alittle while. Most of my loans have been Home Equity loans. It seems that I have graduated. I went to a closing today where the papers were dated for the 19th of August. The RTC was also the 19th. The RTC was the only time I crossed the date out and had it initialled and corrected. Which the documents instructed me to do. The dates on the headings of the papers remained the same. The borrowers signed their names and placed today's date(where they had to sign, had no dates thank God). Is this usual and customary?

Secondly, the name on some of the documents were mispelled. I had her crossout the incorrect name listed under where she had to sign. She signed her correct name above it. Which was spelled with a r in the beginning opposed to a m.

Thirdly, the witness paper was a little different than what I am accustomed to:

IN WITNESS WHEREOF, the undersigned Assignor has executed this Assignment of Mortgage on

________________________ ___________XYZ COMPANY_____________
witness (Assignor)


__________________________ By:___________________________________
witness (Signature)


__________________________
Attest

Seal:

Florida is a witness state only in regards to the conveyance of property, which this clearly is. There are two witness need. I may serve as one and another witness would be needed. The first witness signed the witness space on the top left hand. I signed the second under him and I also signed the attest line. I left the "By: section blank as that is for the a representative of XYZ company. The other forms for witnesses that I have dealt with never had the third line for attest. As for the seal section? Are they referring to the notary seal.

I know I learned this before but I never performed this sort of notarization. The mind forgets. I would appreciate any sort of assistance. I just want to make sure that I do the best work possible, thank you.

Reply by Becca/FL on 8/21/04 6:03pm
Msg #6450

Jay - this is NOT a "witness paper" it is an assignment of mortgage. You are NOT to sign this. The lender will sign this document and record it AFTER the mortgage is recorded. As far as the rest of your question, some docs are "date sensitive" and some are not. Did you only correct the mis-spelled name under her signature line? What about the docs?

Reply by jayflorida on 8/22/04 12:23am
Msg #6460

Yes, I only corrected the mis-spelled name under the signature line. The docs were the owners affidavit and indemnification agreement.

The assignment of Mortgage you stated is not to be witnessed at the signing but by the lender after the mortgage is recorded. If that is the case, I screwed up big time. I had a witness sign the assignment where it says witness. I then signed both the witness and the attest line on the left hand sign of the document and left the right hand side of the document blank for xyz co. to sign. Now, that I have made this mistake what should I do. I can go back to the borrower tomorrow and get the assignment of mortgage from them or should I send it as it is.

I couldn't get a hold of the company and I was wondering why they did not tell the borrower that we would need a witness. Thank you, for helping me to remember that there is no need for anyone at the closing to sign the witness portion of the assignment of mortgage because this is ment for the lender.

Reply by Sylvia_FL on 8/22/04 10:51am
Msg #6473

Jay
I would go back out to the borrowers and switch the one you notarized with their copy - and make sure you void the notarization on the one you did. (as long as the borrowers copy doesn't have COPY stamped on it)

Reply by jayflorid on 8/23/04 9:22am
Msg #6517

Thank you, that is exactly what I did. I made a photocopy of the papers and left it with the borrower.

Reply by Roger/OH on 8/21/04 6:06pm
Msg #6451

Jayflorida,

Documents will not always be date sensitive, but you did the right thing in putting today's date for your notarizations.

In a refi, an assignment of mortgage form is not for the borrowers to sign. It is a form used when the mortgage is sold to another servicer.

Good luck!

Reply by jayflorida on 8/22/04 12:32am
Msg #6461

Thanks, I was not sure as to the witness part of the assignment of mortgage, I didn't know if I needed to have another witness sign the documents as they line asked for 2 witnesses, attestor and a seal. Unable to verify, I had another person witness and myself. I now have to correct myself. Good thing that I caught the mistake before I sent off the documents.

As I was instructed that no one at the closing will sign the assignment of mortgage. The assignment of mortgage is for the lender to have the witness and they are to sign it once it has been recorded.

Never to old to learn, thank you very much for you assistance.

Reply by Notary Pat on 8/23/04 2:00pm
Msg #6535

I am confussed ???

It is my understanding that a Mortgage (in the State of Florida) does not need witnesses. It is not a Florida Statute ther there be witnesses ????

I have done many signings this way - no witness. Am I correct ?

Reply by PAW Notary Services on 8/23/04 9:56pm
Msg #6571

Florida statues do not require witnesses for mortages.

Florida Statutes Chapter 695.03
Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.--To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers ...


However, the statues do require two (2) witnesses for deeds that convey property

Florida Statutes Chapter 689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law.