Posted by Rum on 11/2/04 11:43am
Msg #10763

Subscribing witness

I know personally a friend (A) who is bed ridden, (terminal illness). His brother (B), witnessed his(A) signature concerning an agreement of a loan which would put a lein on his(A) property. (A) is borrowing from the purchaser of home money which he will pay back at closing. His wife also signed the document but is unable to appear before me since she goes directly home to take care of him.
This would be considered: PROOF OF EXECUTION BY SUBSCIRBING WITNESS
Now I would certify that the signature of the person who doesn't appear before me-the principal signer (A)- is genuine and freely made based on the sworn testimony of another person (B) who does appear- a subscribing (signing) witness. (NJSA 46:14-2.1)
Question: It also states that NJ state officials discourage the use of proofs of executin by subscribing witness. These type of proofs should only be used as a last resort and never merely because the principal signer prefers not to take the time to personally appear before a Notary. With this said, I would believe that I can actually perform the said "proof of execution."
Any follow up and/or advice would be appreciated.
Thanks
Rumalda in New Jersey

Reply by thnotary on 11/2/04 12:38pm
Msg #10767

If A & wife will be together at bedside, is there reason for u not to go there.? Wouldn't this solve some of the problem.?

Reply by Rum on 11/5/04 12:30am
Msg #10919

I ended up not going. Which to my delight, I found out that (A) was not on the deed and the wife owes lots of mula and had a warrant. I was a bit weary from the beginning with good reason. And yes, I thought of going, which is what we do, but I was just uncomfortable and wanted to make sure if this was the legal thing to do.