Posted by Dee_RI on 10/8/05 9:14am
Msg #69534

CT question

I am handling a signing for a CT property at the borrowers summer home here in RI. I understand that two witnesses are required for CT mortgages. Can I be both witnesses (as I can in RI) or do I need a second witness? If I do need a second witness, does it matter who the witness is?

TIA, Dee

Reply by PAW_Fl on 10/8/05 11:41am
Msg #69561

There must be TWO separate witnesses for the DOT/mortgage to record in CT, and you can be ONE of the them.

I don't understand how you can be BOTH witnesses in RI. (I didn't think RI required witnesses.) Do you mean a witness for each signature? There needs to be TWO witnesses for the signing of the document by all the signers, no matter if there is one, two or a dozen signers. You obviously cannot be two witnesses, you are only one person. I know it appears as if the witnesses are per signature since the witness lines are in alignment with the signer's signature lines, but that's not how it works.

Reply by Dee_RI on 10/8/05 12:52pm
Msg #69567

That is correct, RI doesn't require witnesses, but most TC don't understand that. Anyway, what I should have said that I can be act as both the Notary and witness.

Thanks for the clarification for CT.

Reply by PJA_CT on 10/8/05 2:54pm
Msg #69577

Hi Dee
Ct requires 2 witnesses for each signing (mainly DOT)... notaries can sign as one witness as well as notary. But whether or not you need witnesses depends on where the signing takes place. ( I believe) Does RI require witnesses?

Reply by PAW_Fl on 10/8/05 3:08pm
Msg #69581

PJA - Witness requirements

Whether or not witnesses are needed on a DOT or mortgages depends on which state the document will be RECORDED in. In other words, the location of the property determines the witness requirements. So, even though RI does not require witnesses, the property is located in CT which does require two witnesses for the DOT to record. The document can be signed anywhere but two witnesses will be required no matter where it is signed.

FYI -

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.

Reply by PJA_CT on 10/8/05 3:36pm
Msg #69584

OK!!! PAW- THX N/M