Posted by DeeB/Fl on 11/15/05 12:24pm
Msg #76702

Pop Quiz: Witness signature

Pop Quiz


I have two closings today...each are similar cases.

Both are single people but engaged and their fiancee lives with them. They are not married yet...(and may never get married)...so they are not technically related.

Neither one of them have their names on the loan or the deed/mortgage.

Can they still sign as a witness?

Reply by Danny Shaw on 11/15/05 12:41pm
Msg #76706

Yes, as long as they are not legally married or immediate family and are receiving no financial gain from the transaction they can be considered a witness.

Danny

Reply by PAW_Fl on 11/15/05 5:07pm
Msg #76793

Close but not quite. Witnesses for real property transactions are only limited to those who have no benefit, whether financial or not, from the result of the transaction. Typically, this excludes children and spouses, but may include anyone who has any remote benefit to the underlying transaction. A live-in, room-mate, domestic partner, etc. all may have a beneficial interest in the transaction so should be excluded from being a witness on a real property transaction. The prohibition of using immediate family members falls under the notary laws in that a notary can not notarize the signatures of family members. With a deed of conveyance, the notary is not notarizing the witness' signature, only the principal's. There is nothing in the real property laws specifically about family members can or cannot be witnesses, that I know of.

Reply by Anonymous on 11/15/05 1:59pm
Msg #76730

ABSOLUTELY!!