Posted by meme on 6/11/05 8:34am
Msg #43937

Loan documents

This is the question.

What if you're signing a set of loan documents and you see the witness line on the Deed of Trust or Mortgage- should you sign as the witness? (yes or no), unless required by my state.

Reply by SamIam_CA on 6/11/05 10:54am
Msg #43952

**should you sign as the witness? (yes or no), unless required by my state**

I am in CA and have been going by the state in which the deed is being recorded.

Reply by B on 6/11/05 2:10pm
Msg #43967

Always check the laws of your state first. If your state does not require two witnesses, call the co. that assigned the work; they might want you to have two witnesses anyway.

Reply by MEME on 6/12/05 3:06pm
Msg #44084

THANKS

Reply by MEME on 6/12/05 3:06pm
Msg #44085

THANKS

Reply by PAW_Fl on 6/13/05 5:51pm
Msg #44392

Re: Loan documents - Recording requirements

Witness requirements on deeds and mortgages are state specific to the state in which the deed/mortgage will be recorded. Currently, as far as I know, only 5 states require witnesses (though the lender may still require witnesses).

2005 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

NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) VT - Effective 7/1/04, Act 150, Sec. 1.27 V.S.A. §2 was amended to remove witness requirements.
3) Lenders may require witnesses, even though there is no state requirement.