Posted by TXNotary on 4/30/07 7:00pm
Msg #188127
Louisiana Mortgage
Does the witnesses that sign on the mortgage have to sign the notary journal? TIA
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Reply by Becca_FL on 4/30/07 8:03pm
Msg #188144
What does your State require?
In Florida, I'm not required to ID a witness unless I'm notarizing their signature, as is the case with a self proving Will. Florida also does not require journals, but I keep one for CYA. Some notaries that I know simply note in their journal the name of the witness. I don't, but some do.
Check you State requirements for the final answer. Maybe a Texan will answer your question.
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Reply by BrendaTx on 4/30/07 8:39pm
Msg #188155
Re: Louisiana Mortgage - no one *has* to sign the journal
however, I ask everyone to sign my journal. The signature requirement was removed several years ago. I know that seems odd, but if you go back and read your handbook (http://www.sos.state.tx.us/statdoc/edinfo.shtml) you'll see what I mean.
A couple of years ago I was sitting in the Texas Legislature session of review of notary rules regarding educaction (which was not passed for Texas notaries) and heard it straight from the mouth of the lawmakers. I actually did not know that the rule on the signature had changed. You could have knocked me over with a feather.
However, you do need to collect some information from them. Go to the link I mentioned and do a ctrl-F on the document for "witness". You will see what needs to be collected.
Personally, where there is a witness I prefer to collect their signature if they do not object.
Disclaimer: What I have stated above is my interpretation of the rules. I am not an attorney and do not pretend to have all the answers.
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Reply by TXNotary on 4/30/07 10:42pm
Msg #188180
Re: Louisiana Mortgage - no one *has* to sign the journal
Thank you!!
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Reply by JanetLA on 5/1/07 7:26am
Msg #188222
We do not even require a journal here in Louisiana. Having said that, I keep one and just don't ask the borrowers to sign. The witnesses are required on all mortgages here (two witnesses in addition to the notary: the notary can never be one of the witnesses.) We are different than others. Have a great week to all
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