Posted by Ted_MI on 1/12/05 1:56pm
Msg #16430
Query to Paul (and to any others) re witnesses
Paul,
As a follow-up to your post on 1/10/05 re "Signing Agent Error.....", I received an email from a ss that I have done work for relative to a specific lender's witness requirements. They are as follows:
STATE # OF WITNESSES NOTARY MAY BE A WITNESS
CT -------------- 2 -------------- Yes
DE -------------- 2 -------------- Yes
FL -------------- 2 -------------- Yes
GA -------------- 1 -------------- No
LA -------------- 2 -------------- No
MA -------------- 1 -------------- Yes
PA -------------- 2 -------------- Yes
SC -------------- 2 -------------- Yes
VT -------------- 1 -------------- No
Any idea why this lender's list is so much more expansive and in places at odds with your list? Is there some credible source that can be accessed in this regard? TIA.
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Reply by Ted_MI on 1/12/05 1:59pm
Msg #16431
Re: Query to Paul (and to any others) re witnesses -oops
Paul,
Just noticed your note #3 in that post that "lenders may require witnesses, even though there is no state requirement". Ok. But I suppose that begs the question as to why they would do that.
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Reply by Becca/FL on 1/12/05 3:25pm
Msg #16454
Who knows why WaMu requires witnesses in non-witness states?
I closed a local WaMu LO and he/she didn't know why. I responded to the "Tip" email and was happy to have someone from the QC dept. call me back today. They too had no idea why 2 witnesses were required. So, until further notice, if 2 witnesses are required it is the B's responsibility to have the witness at the signing.
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Reply by Ted_MI on 1/12/05 10:40pm
Msg #16526
Re: Who knows why WaMu requires witnesses in non-witness states?
Becca,
Yes, I had not specified, but the lender in question was Washington Mutual as you had surmised. And yes, the info was contained in a "Tip" email which I received from the SS, which I imagine you also received.
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Reply by Mary Pierce on 1/13/05 10:33am
Msg #16583
Re: Who knows why WaMu requires witnesses in non-witness states?
I did one for Washington Mutual here in NE PA. They required me to have 2 witnessses (1 was me) and I don't know why. Also, the attorney I work for said that PA is not a witness state. Go figure.
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Reply by PAW Notary Services on 1/12/05 3:43pm
Msg #16464
Re: Query to Paul (and to any others) re witnesses -oops
States change their requirements frequently and the TITLE company is supposed to keep up with the changes. But that doesn't mean their documentation will be updated. Two years ago Michigan removed the requirement. Last year Vermont did too. And all too often, they misinterpret or don't fully read, the Florida requirements.
As far as getting information from an SS, they are further down the food chain and usually not in the "need to know" category for information from the title company's legal department. So, their information is probable even further out of date.
I can only go by what I've been told over the past few years. Signing Agents usually know their own state requirements and let me know so I can keep the list current. Also, for the "attorney only" states on the list, (DE, GA, MA, SC), I am going by what the neighboring states SA's have told me about those states. Of course, MA and GA are recent additions to the "attorney only" classification.
If anyone reading this knows anything different about what states require witnesses FOR RECORDING OF DEEDS AND MORTGAGES, not necessarily witnesses for other documents, please let me know.
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Reply by PAW Notary Services on 1/12/05 3:49pm
Msg #16465
Re: Query to Paul (and to any others) re witnesses -oops
I also want to add, that if you "know" the requirements, please let me know and provide the source of the information, such as chapter and verse for the states recording laws, or real estate commission directive, etc.
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Reply by Sherri-IN on 1/12/05 7:10pm
Msg #16494
Re: Query to Paul (and to any others) re witnesses -oops
A good source of information is Stewart Titles Virtual Underwriter. It is broken down by states. If you go into documents and forms for your state it will tell you the requirements.
http://www.vuwriter.com
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Reply by Sherri-In on 1/12/05 7:15pm
Msg #16496
Re: Query to Paul (and to any others) re witnesses -oops
Sorry forgot one step... Select business practices, state, forms and documents.
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Reply by PAW Notary Services on 1/12/05 8:51pm
Msg #16507
Re: Query to Paul (and to any others) re witnesses -oops
Sherri said, "Stewart Titles Virtual Underwriter"
Yes, Sherri, that is an excellent source of information. I go there at least 2 or 3 times a week.
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