Reply by Anonymous on 11/16/05 8:21pm
Msg #77087
Ok Laurie,
Correct me if you will, and I am sure many out there will find something to correct me about, however, it's my understanding that, in the state of Florida you only need one witness and the notary can be that witness. There is only one exception to that rule. You will need an additional witness if you have a "quit claim deed". Other than that your good to go.
Hope that was some help. And for the record, time and great signing services gave me that, I did not get it from any book or training that I undertook. It really varies from state to state.
Oh and for anyone else who wants to bash my spelling, grow up. There are much better things in life to pick on than one's spelling issues lol!
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Reply by PAW_Fl on 11/16/05 8:38pm
Msg #77089
Re: Florida mortgage-witness NOT required
In Florida, MORTGAGES DO NOT NEED TO BE WITNESSED. DEEDS OF CONVEYANCE DO NEED TWO WITNESSES, one can be the notary.
Here are the appropriate sections of the statutes that address this.
Florida Statutes Chapter 695.03
Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.--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 ...
However, the statutes do require two (2) witnesses for deeds that convey property
Florida Statutes Chapter 689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law.
This is NOT notary law, but real estate law. Remember that many companies think that mortgages and deeds require two witnesses, even when that only applies to deeds that convey property. However, a lender and/or title company may still insist on two witnesses. In which case the borrowers will need to provide a disinterested third party as the first witness, and the notary can act as the second witness. When witnesses are used, be sure the witnesses legibly print their name beneath their signature or the instrument will not record.
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Reply by PAW_Fl on 11/16/05 9:06pm
Msg #77103
>>> So is there a website, for Florida, that can answer my questions without me feeling stupid. <<<
After you do your due diligence and still have a question, don't hesitate to ask it here. Just ignore all the shortsighted and snide remarks that you may accumulate on the way to learning.
I apologize for not completely answering your question in my previous response, so here's a link the to Florida Statutes: http://www.flsenate.gov/Statutes/
I also suggest you download and thoroughly read the Florida Governor's Reference Manual for Notaries (2001) as that is our 'bible' for the notary parts of it. As for the signing agent functions, I suggest and highly recommend purchasing the Signing Registry Training Guide.
Links for the above mentioned items are:
Florida Manual -> Go to my website, click on the "Download" menu item. Then select the "Florida_Manual.pdf" file. It is the same manual that can be found on the Gov's website, but combined in one PDF file instead of 11 files.
Signing Registry Training Guide -> Go to my website and click on the "Notary Store" menu item. Then scroll down to the Training Guide and click on the picture. It will take you directly to the page to order the guide from the Signing Registry.
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