Posted by Janel Nichols on 1/25/05 12:47pm
Msg #18042

Major Question....I think

Does anyone have a clue about Wisconsin regarding also signing as a witness as well as a notary?
Is it required or not. I am wondering if it is a Lender preference or a State requirement? I have read and read the Notary brochure for the state of Wisconsin and I can find nothing on it. Can someone help me?

Thanks!

Reply by Shel WI on 1/25/05 1:47pm
Msg #18047

Where in WI are you?

Reply by PAW Notary Services on 1/25/05 2:25pm
Msg #18052

The witness requirements for DEEDS and MORTGAGES will not be covered in the notary statutes. Whether or not witnesses are required on DEEDS and MORTGAGES depends on the real property conveyance statutes.

From what I've been able to determine, Wisconsin is **not** a witness state for conveyance of property. However, lenders may still require that the deed or mortgage, and possibly other documents, be witnessed. In those cases, the notary is usually allowed to act as a witness. (Some states, e.g. LA, forbid the notary to act as witness.)

This does not exclude the notarial witness requirements on some documents, such as wills and powers of attorney, nor for credible witnesses.

Reply by Lee/AR on 1/25/05 2:40pm
Msg #18059

Unless (I doubt it) it has changed since 2002, WI is NOT a witness state. Nevertheless, as PAW pointed out, some Lenders require witnesses despite state law.

Reply by Janel Nichols on 1/25/05 2:52pm
Msg #18063

I wish they would have pointed that out in their instructions!! She spoke to me rudely on the phone and said that I should have known that. This is the first it has happened to me. So like I said earlier......first time for everything!!

Thanks Lee!!!

Reply by Janel Nichols on 1/25/05 2:50pm
Msg #18062

So, I am able to sign as a witness without notary wording? This varies from Lender to Lender then? Because I have never run into this problem before. I have never been asked to Witness nor been refered to as the Loan Closer. First time for everything...I guess!

Thanks so much for the info!

Reply by Lee/AR on 1/26/05 8:50am
Msg #18175

Uh... sometimes they want you to 'witness'; most times they want 1 or 2 3rd party disinterested, uninvolved 'witnesses'. ID them, too.