Reply by PAW_Fl on 11/21/05 8:13am
Msg #77908
Just be aware that the list of "witness states" and most often as posted here, whether a state is a "witness state" or not, is in reference to real estate transaction recording laws. Witness requirements for documents vary from state to state and in various statutes within those states. Further, a document author, custodian or recipient may require witnesses even though there are no state laws requiring them.
Having said that, a lot of documents are prepared with 'witness' lines, but no instructions from the SS, title company or lender are provided stating that witnesses would be required. Thus, I would not have the borrowers provide witnesses for those documents without the direct instructions to do so. The exception being for mortgages and deeds as listed below:
2005 State Witness Requirements (as determined by PROPERTY LOCATION)
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CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY
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.
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