Posted by Ernest_CT on 6/27/05 12:21pm
Msg #48157

Providing a witness

Is it just me or is this getting really, really old? (Yes, I've done a search before posting!)

When a borrower says they don't want anyone knowing their buisiness, and won't ask a friend or neighbor to be a witness, how does it get to be OUR problem? Sometimes we can ask our spouse/significant other to be the witness.

If your spouse/significant other is not available, then a library, coffee shop, or fast food restaurant may be one answer. What if the borrower refuses to sign in a public place?

What do you ask the signing service (or title company) to pay for you to provide the witness?

Reply by Sylvia_FL on 6/27/05 12:27pm
Msg #48159

I call the company and tell them the borrowers state they cannot get a witness, and I cannot provide one, as I am a sole proprietor and have no-one in my office. I let them know I may be able to get a friend or neighbor to go with me but I would have to pay them $25 to go with me and if they want to cover the $25 then I will get someone. otherwise the LO needs to contact the borrower and let them know the penalties for not having a witness.

Reply by cfl1 on 6/27/05 12:31pm
Msg #48161

I read that FL is not a witness state. Has that changed?

Reply by PAW_Fl on 6/27/05 12:37pm
Msg #48162

Forida IS a witness state ... HOWEVER ...

Florida requires two witnesses on deeds that convey property. That covers warranty deeds, quit claim deeds, etc.

Forida DOES NOT require witnesses for MORTGAGES.

Reply by cfl1 on 6/27/05 12:40pm
Msg #48163

Re: Forida IS a witness state ... HOWEVER ...

Thanks! I need to study some more.

Reply by Dee-FL on 6/27/05 1:26pm
Msg #48176

Re: Forida IS a witness state ... HOWEVER ...

Yes. I needed to study more, too. I did 2 signings without providing an additional witness for the deed. I told the SS they should have told the signers they needed to provide an additional witness and they said "we didn't know". WHAT, the Title/SS didn't know??? How could that be? Well, anyway...Of course, I spoke to the borrowers to let them know they needed an additional witness and they said, "We don't have anyone and we don't want our neighbors in our business". I sent the docs back exactly like that and called to explain the situation to the SS.

Reply by PAW_Fl on 6/27/05 12:30pm
Msg #48160

I never take it on myself to provide a witness. If the signers don't want a neighbor to witness them signing something, I tell them that I will relay the information to the title company that hired me, but they need to be advised that witnesses are required and that it is their (the signers) obligation to provide one. Honestly, in the past 4 years doing this full time, I have never had a problem with the signers providing a witness. Thankfully, in Florida, we don't need them too often for mortgages, only real estate transactions that have property conveyance (deeds). Explaining to the signers that we can do the deed signing first or last, so the "neighbor" doesn't need to know their business, and not discussing the documents in front of the witness, puts the signers at ease and they accept the responsibility.

For other documents that require witnesses, such as estate planning documents, there is usually enough witnesses available as these signings usually are facilitated in the law office or financial planners office.