Posted by ck_KY on 7/17/06 5:03pm
Msg #133690

Question for FL notaries..

I have a reverse mortgage closing on Thursday afternoon. The lady is staying with her sister here in Kentucky and the property is located in Florida. I think FL is a witness state, is this true? Also, this will be my first reverse mortgage. Anything unusual to expect? TIA for all your input.

Reply by PAW on 7/17/06 5:12pm
Msg #133694

Florida is a WITNESS state for DEEDS ONLY that convey property ownership. In a typical reverse or forward mortgage package, there is only a mortgage that gets recorded and witnesses are NOT NEEDED FOR MORTGAGES.

(Use of capitalization is not for shouting but for emphasis and differentiation.)

Reply by ck_KY on 7/17/06 5:14pm
Msg #133695

Thanks PAW! n/m

Reply by FlaMac on 7/17/06 5:43pm
Msg #133700

PAW is correct but many lenders still require witnessess..

on RM's, HELOC and Refi's. They either don't understand Florida law..or they are just covering themselves. Guardian, BOA, Chase to name a few. Always check with the TC and read the lender's instructions which should be at the front of the loan package. You have to meet the state's requirements..but also the lenders...if you want everything to go smoothly.

Reply by Ernest__CT on 7/17/06 6:16pm
Msg #133704

Lenders' rules: More but not less.

Several lenders require (a) witness(es) on documents which do not normally need to be witnessed. Just as in a signature, go with the most restrictive rule. That is, oversigning (signing first name, middle initial, last name when the printed document lists only first name and last name) is OK, but undersigning is not.

Reply by MistarellaFL on 7/17/06 9:42pm
Msg #133730

Paw is absolutely correct

Rarely, you may run into a lender requiring witnesses to FLmtg.'s out of ignorance, but CK, they will notify you in your instructions, in my experience if they are requiring it.

Reply by Becca_FL on 7/17/06 9:49pm
Msg #133732

Re: Paw is absolutely correct

Much of my business comes from Chase and only once have they required two wittnesses on the Mtg....There she goes again, Miss Information.

Reply by Dee_Fla on 7/18/06 10:33am
Msg #133797

Re: Paw is absolutely correct

I have had several lenders asking or requiring two wistnesses for the mortgage.

I think each lender and/or TC will be dfferent with their guidelines, but the general rule it is not required to have two witnesses in Florida.

Again, just read the instructions carefully, if its mentioned, do it; if not, don't worry about it.