Posted by Brasring_Ca on 9/27/05 1:34am
Msg #67504

Okay.. got an answer but am not really happy with it......

I called NNA and used the hotline to ask that burning question many of us would like to know the answer to. Mind you.... I asked this question regarding my state only in California.

If we as notaries are not to notarize when blank lines are still existing what are we to do about the Deed of Trust in California? I was told that no witnesses are needed on the DOT in this state but that before having the Borrower line out remaining lines, you should check with the lender or title company.

I asked how are we to protect ourselves against witnesses being added at a later time that we all know were not actually there and putting us notaries at risk? It was suggested to me that from now on, I should make it a standard practice to ask on each signing I agree to perform, if witnesses are needed for the signing and if the answer is no then inform them that a line will be drawn accross the witnesses place to sign.

I guess that if their answer is no witnesses are needed but you are not to line through anything, you can either lose the signing to someone else or you can simply note in your journal that no witnesses are present at time of signing to help protect you!

Has anyone else come up with a better way?

TIA Michelle

Reply by Joan Bergstrom on 9/27/05 2:05am
Msg #67505

We are not a Witness State; just ignore the witness lines we see all the time on CA loan docs.

Now!! If the property is located in one of the 6 witness states and being signed in Calif then you have to conform to the laws in that particular state.

Reply by PAW_Fl on 9/27/05 7:46am
Msg #67517

Re: Okay.. got an answer but am not really happy with it....

>>> If the property is located in one of the 6 witness states ... <<<

Joan, am I missing one? (I only have 5 states listed.) Please advise. Thank you.

This is what I have:

2005 State Witness Requirements
-------------------------------
CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY, not mortgages
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 Sylvia_FL on 9/27/05 8:21am
Msg #67519

Joant
I think he burning question in that post was regarding witnesses being added by the company after the docs are returned.

Reply by Brasring_Ca on 9/27/05 10:29am
Msg #67556

Yes Sylvia, you got it. Thank you all for your imput. I guess that I will continue to just write no witnesses in my journal under the additional information.

Michelle