Posted by CSnotary on 7/4/04 4:12pm
Msg #3951

witnes

For Alabama mortgage docs, its required that we have a witness besides ourself on any recorded docs, is that correct? I went to the web site for Alabama Notary laws and its pretty vague.

Reply by Sylvia_FL on 7/4/04 4:19pm
Msg #3952

Re: witness

Who says it is required? It is not on my list of witness states.
Lender may be requiring witnesses though.

The witness requirements are not written in Notary Law, they are in the Real Eststate laws.

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 cs notary on 7/4/04 5:04pm
Msg #3953

Re: witness

where do you find this info? I cannot remember what web site that I went to, but it showed AL as having 1 witness. I hope its not true as I have done lots of signings, but Ameriquest always needs a witness on the mortgage.
Thanks, CS

Reply by Sylvia_FL on 7/4/04 5:41pm
Msg #3954

Re: witness

The info was in my Signing Agent handbook I had when I first started in this business - before the NNA bought into the loan signing business.

But, Paul/FL has posted this info on various lists and this is pasted from his post.

(If you have done lots of signings without witnesses, then that should confirm that witnesses are not needed)

Navy Federal on their confirmations include the list of witness states, and they do not have Alabama listed either:) (Of course they list FL which is incorrect)

Reply by MCTheall/Alabama on 7/5/04 7:49am
Msg #3962

Re: witness

As an Alabama Notary I can assure you that Alabama is not a witness state.

Reply by Sylvia_FL on 7/5/04 9:32am
Msg #3964

Re: witness

Thank you:)

(Maybe you can find it in the Alabama code in case this question comes up again)