Posted by SMP on 5/13/05 12:33pm
Msg #37517

2 Witness Signiture on Deed of Trust

I have been doing signings for 2 years now and this is the first time a title company is sending back documents to get witness signitures on the Deed of Trust. Is this the law in Florida do we need 2 Witness Signiture on Deed of Trust one being the Notary? I have never come accross this before.

Reply by SamIam_CA on 5/13/05 1:05pm
Msg #37526

Re: 2 Witness Signature on Deed of Trust

There are more than 30 messages on this board that discuss the Florida witness requirements. Please tell me you are not actually IN Florida!

Reply by SamIam_CA on 5/13/05 1:06pm
Msg #37527

uuummm - your profile shows Florida... n/m

Reply by SMP_FL on 5/13/05 3:40pm
Msg #37582

Re: uuummm - your profile shows Florida... n/m

I guess you didn't know the answer.

Reply by SamIam_CA on 5/13/05 4:33pm
Msg #37602

guess again :) n/m

Reply by SMP_FL on 5/13/05 3:38pm
Msg #37579

Re: 2 Witness Signature on Deed of Trust

Yes I am in Florida - Does it make a difference if a person has a question?

Reply by SamIam_CA on 5/13/05 4:33pm
Msg #37601

Re: 2 Witness Signature on Deed of Trust

YES it makes a huge difference - I asked if you were from Florida because I would expect a Florida notary to know your own state's witness requirements.

Florida requires two witnesses for DEEDS THAT CONVEY PROPERTY. You should read Florida Statutes Chapter 695.03 & Chapter 689.01.

If a notary from another state were notarizing a DOT for property in FL, they should be warned by the Title Company/Lender/SS of the witness requirements - but this is not always the case as these people may assume you already know this. That is the difference between a professional SA and a notary.

Thanks to PAW for educating me on this info!

Reply by Dave C on 5/13/05 5:48pm
Msg #37614

Re: 2 Witness Signature on Deed of Trust

The ref to 695.03 is incorrect,only 689.01 applys to the subject. I guess we all need a little tuneup.
Bluish,blush

Reply by Sam I am on 5/13/05 6:08pm
Msg #37620

Re: 2 Witness Signature on Deed of Trust

695.03 To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers ... Yes I know how to use the SEARCH button! Thanx PAW for the info.

Pretty close considering I'm from CA & have only been a notary since February. The original poster has been a SA in FL for years. Hard to believe she never had a loan come back before this one.

Reply by Victoria/FL on 5/13/05 1:25pm
Msg #37544

Check out

Msg #22298
Msg #19468
Also check out the Florida Signing Agent Board 4/16/05 posted by Sylvia.

In short, 2 witnesses are not required on mortgage, however many lenders have it as their requirement.

Reply by TN Notary on 5/13/05 3:37pm
Msg #37578

Re: witnesses

In the state of TN witnesses are not required bu there are some title companies that require an additional witness or sometimes I am able to witness.

Reply by Anonymous on 5/13/05 3:41pm
Msg #37583

Re: Check out

Thanks for your reply Victoria. It is nice that some notary will help and direct others. Thanks again

Reply by SamIam_CA on 5/13/05 4:35pm
Msg #37603

Re: Check out

Hey Victoria - I guess today you're the nice one and I'm the meanie. Damn - where is CaliNotary when I need him?

Reply by Victoria/FL on 5/13/05 9:15pm
Msg #37676

I was feeling generous...what can I say?

I figured if someone who has been a SA for two years and doesn't know this - they must REALLY need help!

Reply by PAW_Fl on 5/14/05 8:06pm
Msg #37845

First, is this for Florida property? The reason I ask, is that Florida is a MORTGAGE state, that is, we don't use a Deed of Trust (typically).

However, FL statutes require (for Florida property) that all deeds that convey property be witnessed by two witnesses.

Now, if it is a mortage, then no witnesses are need to record the mortgage.