Posted by Larry/Ca on 11/4/06 12:31am
Msg #157232
Witness signing question....
for a slow night. I'm a California notary and have not done a signing for a property east of the rockies, never a witness state signing. I'm not sure of the mechanics of them. For instance if I had a signing for a property in Florida and it contained a deed of conveyance then I think that it would require two witnesses, myself being one. Would one acknowledgement with the name of the borrower and the name of the one witness besides myself, notarized by me, complete the notarization of this document? Do I need to sign on the witness line? By the way for other California notaries that have done these signings, were you given a heads-up to the fact that it required witnesses or were you expected to know this.
thanks, Larry
| Reply by BarbaraL_CA on 11/4/06 12:34am
Msg #157233
You don't need to acknowledge (or notarize) the witness(es). You can sign the witness line, but you only notarize the borrower(s). Obtain the ID of the other witness(es) and record them in your journal.
I've been given heads-up on if they're required... and, I have also asked when not sure.
| Reply by Larry/Ca on 11/4/06 12:49am
Msg #157234
Thanks Barbara I couldn't find this info n/m
| Reply by BarbaraL_CA on 11/4/06 12:50am
Msg #157235
You're welcome - n/m
| Reply by Ernest__CT on 11/4/06 8:06am
Msg #157246
Being that Connecticut is a witness state, I've had to add witnesses to docs that didn't have 'em, etc. Here's what I'd suggest. Please keep in mind that this is not legal advice! Always ask the party who hired you if there are no pre-printed witness lines on the doc.
The following applies to any quitclain deed, warantee deed, et cetera, to be recorded in a state that requires one or more witnesses. Different states may call the document by different names! Ditto lenders.
The witness(es) should be of legal age (18 or 21).
The witness(es) should have no financial interest in the transaction (a non-obligated spouse would be a poor choice of witness!).
Be aware that one or more states may *require* the notary to be one of the witnesses, one or more other states may *forbid* the notary from being a witness.
If there are two or more signatories, they may not act as witnesses for one another.
Have the witness(es) sign (including middle initial, if any) on the line(s) below the wording similar to "Signed, sealed, and delivered in the presence of ". No line(s)? You can use a straightedge to draw one. Below each witness's signature have the witness print her or his name.
Here's a twist: In the case of a split signing (Mrs. Borrower signs today, Mr. Borrower signs tomorrow), have the witness(es) print the name of the person they saw sign ("Chris Johnson, witness for the signature of Kim Lee." . Each of the signatories must have the appropriate number of witnesses!
As always, the above it NOT legal advice.
| Reply by Joe Ewing on 11/4/06 5:31pm
Msg #157333
I have done a lot of witness signings. When a mortgage (deed of trust) is requiring 2 witnesses I arrange to have them there at the signing. Very much like the witnesses at a signature by mark. I notarize the signers signature and record it in my journal. I donot attach an all purpose acknowledgment.
| Reply by BarbaraL_CA on 11/4/06 9:06pm
Msg #157348
Joe - you're back already? Or are you in Italy? n/m
| Reply by Jenny_CA on 11/5/06 1:44pm
Msg #157404
Have yet to do a witness signing but have done witness by mark, glad to know it's similar.
| Reply by MelissaCT on 11/6/06 3:52pm
Msg #157554
Additionally
(CT specific) -- Since you are not notarizing the witness's signature, there is no reason to enter their information into your journal. I typically do not ID witnesses, unless they appear to be under legal age. the majority of the time, the witness is someone that the borrower knows (friend or neighbor) and occasionally, the local librarian, waitress, clerk or postal employee.
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