Posted by Ernest3 on 5/24/05 9:47pm
Msg #40190

Witnessing Questions

Generally speaking, do we always witness all docs requiring witnesses in addition to notarizing? Also, if the borrower does not have another witness available for the second witness line, do most of you send the docs back with only one witness and that is okay? Thanks.

Reply by Sylvia_FL on 5/24/05 10:17pm
Msg #40197

As Florida is not a witness state (for mortgages) I do not worry about signing as a witness.

If it is a QCD or WD or GD which do require two witnesses in Florida, then I will tell the borrower they need to have a witness present as the Deed will not record without two witnesses, and I can be one of them, but they need to provide another.

Reply by ERNA_CA on 5/24/05 10:18pm
Msg #40199

You can be one of the witnesses, but if a second witness is required you should always tell the borrower ahead of time to have a witness available when the signing takes place.

Reply by SamIam_CA on 5/24/05 10:32pm
Msg #40206

In some states the notary can NOT be the one of the two witnesses.

Reply by Sylvia_FL on 5/24/05 10:53pm
Msg #40211

Sam is correct, in LA, the notary cannot be one of the witnesses.
In GA and VT one MUST be the notary.

Other states requiring witnesses, the notary can be one of them.

Reply by Gerry_VT on 5/25/05 2:29am
Msg #40241

Re: Witnessing Questions, Vermont

Act 150 passed by the Vermont Legislature in 2003 abolished the witness requirement. See
http://www.leg.state.vt.us/docs/legdoc.cfm?URL=/docs/2004/acts/ACT150.HTM

Look a little more than half way down, at § 341. REQUIREMENTS GENERALLY; RECORDING.
Notice that the phrase "signed by one or more witnesses" has been crossed out.

I am not a lawyer and you should verify this information to your satisfaction before relying on it.

Reply by Sylvia_FL on 5/25/05 10:55am
Msg #40292

Re: Witnessing Questions, Vermont

Thanks for verifying that Gerry - the list I have for witness requirements was supposedly a 2004 list.

Reply by Becca_FL on 5/24/05 10:49pm
Msg #40210

I always witness the mortgage, even though it is NOT a requirement in the state of Florida.

What state do you hale from? You may find that you will get better answers if you indicate the state that you practice in. Also, you really should know the witness requirements for your state before you embark on any loan signings.

Reply by Julie-mi on 5/25/05 6:43am
Msg #40253

I am not in a witness state.

I do not take it upon myself to witness just for the heck of it. This tends to cause red flags in the recorders office. Absolutely no purpose to witness if it's not required.

Reply by Ernest_CT on 5/25/05 12:12am
Msg #40230

It will help people help you if you include the two-letter abbreviation for your state in the Author field, as you have been told before.

Sending back the docs which need two witnesses with only one witness's signature is a good idea if you don't want to continue to get assignments.

Reply by TN Notary on 5/25/05 6:40am
Msg #40252

Depends what state you are in and what the requirements. I am pretty lucky TN doesn't require witness but some companies want a witness. In that case if they don't have two I am to witness as one and be the notary. (TN)

Reply by PAW_Fl on 5/25/05 7:30am
Msg #40258

2005 State Witness Requirements

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.

Reply by Ernest3FL on 5/25/05 11:16am
Msg #40302

Re: 2005 State Witness Requirements

I have added FL two or three times to my name and it does not show when I post. Maybe this time it actually will show up. I am in FL and have simply been given conflicting answers so I thought I would see what answers I'm given here. Thanks.

Reply by SamIam_CA on 5/25/05 11:18am
Msg #40304

Re: 2005 State Witness Requirements

I'd trust PAW's replies. He is also in FL, a genius and has been in this game a long time.

Reply by Ernest_CT on 5/25/05 11:27am
Msg #40309

Re: 2005 State Witness Requirements

Thank you for adding "FL" in the Author field when you post!

Echoing, PAW's (Paul's) advice is great. He knows the Florida notary rules cold, and is knowledgable about other states as well. Sylvia is not only a notary, she also runs a signing service. I'd trust any advice that Sylvia and Paul gave.

Reply by Sylvia_FL on 5/25/05 3:03pm
Msg #40363

Re: 2005 State Witness Requirements

Thanks Ernest - and I am also a Certified Notary Instructor - teaching those notary classes that Florida notaries take to get their commission, so I am also very familiar with Florida Notary laws - although the witness requirement, of course, does not come under the notary laws.