Posted by Anonymous on 11/2/05 8:05am
Msg #73617

Split Signing ? (After the Fact)

Did the latter end of a split signing. The property was in Florida with the first signer. When I got the docs, first notary used the preprinted certificates and I attached loose certificates. My question is: Should the first notary have crossed out the signer that I witnessed on the preprinted certificates? Or is this not necessary? I was told by the hiring company, it wasnt an issue, but to me it looks like the person I witnessed was witnessed twice?? When I do split signings, being the first notary, I cross out the person I am not witnessing(if it is preprinted on the certificate) and write Only on the certificate. The hiring company told me it is better to have less crossouts and initials on the certificates, than to mark them up. Isnt it our responsibility to make them correct if they are wrong?? My other question is will this record?? Which Im quite sure I will get a phone call if it doesnt.

Reply by Art_MD on 11/2/05 8:31am
Msg #73619

The first notary should have crossed out, in the notary section, the name of the borrower that didn't sign.
By the way, did you have to have witnesses?

Art

Reply by Anonymous on 11/2/05 9:02am
Msg #73629

Re: Exactly!!

Funny you should ask. There was a witness line, only one, on the mortgage, which the first notary signed it. That was another question I had, but in my state we are not a witness state, but if Florida is, should there have been a spot for me to sign as witness? This was a situation where the docs went straight to the borrower? Even if I was supposed to, I feel I should of been directed by the hiring company to do so and there wasnt a spot for me to sign anyway. Also, the first persons(the borrowers) RTC's were not filled in with the dates. This will be interesting to see if this goes through.

Reply by Ilona_OH on 11/2/05 9:09am
Msg #73633

Re: Exactly!!

So is the RTC date the first or the second. I haven't had any of these but it is good to know for the future! Thanks

Reply by Dave_CA on 11/2/05 9:38am
Msg #73641

RTC dates

Since each borrower has their own individual RTC the dates should match the individual signings.
JMO

Reply by PAW_Fl on 11/2/05 9:49am
Msg #73644

Florida is NOT a witness state for mortgages...

Mortgages do not need to be witnessed to record in Florida. Only DEEDS do.

The first notary should have crossed out the "missing" signer since that person did not appear before them.

Just about all mortgages you get will have witness lines on them. IF you do sign as a witness, or have someone else sign as a witness, the witness' name MUST BE PRINTED beneath the signature or the document may be rejected.

Finally, the witness requirement for deeds and mortgages is determined by the property location, not where the signing is taking place. The witness requirements are covered in the Real Property laws of each state and have nothing to do with notary laws.

Reply by Anonymous on 11/2/05 10:21am
Msg #73654

Re: Florida is NOT a witness state for mortgages...

I stand corrected. The witness signature line was on the Home Equity Line of Credit Agreement and Promissory Note. Which, yes, the first notary did sign, but did not print their name underneath. Well, I know I did my part correctly, so like I said before this will interesting to see if it records.

Reply by PAW_Fl on 11/2/05 10:41am
Msg #73658

Re: Florida is NOT a witness state for mortgages...

The promissory note doesn't get recorded, only the mortgage (or deed if there is one). So the printing of the witness' name is probably irrelevant.