Posted by VBNotaryVA on 4/26/07 7:49pm
Msg #187250

Notary sign as witness along with Notarization

Hi, I just did a closing with a company that insists on the notary signing as the witness along with notarizing the statement. Anyone else ever run into this and/or does it cause in issue of any kind?
Thanks

Reply by Life Saving Services - Doug on 4/26/07 7:55pm
Msg #187252

California the Notary can be a witness. But not to the identity unless the Notary really does know the person. So there are limits....

Reply by Lee/AR on 4/26/07 8:04pm
Msg #187253

Varies by State and, sometimes, Lender. n/m

Reply by Becca_FL on 4/26/07 8:09pm
Msg #187256

I do it everyday...never a problem.

I think there are some states that specifically state that the notary not act as a witness, but FL is not one of them.

A search on witness requirements will reveal the states that require witnesses other than the notary.

Reply by VBNotaryVA on 4/26/07 8:26pm
Msg #187258

Re: I do it everyday...never a problem.

Thanks...that's where the request came from, FL.

Reply by Sylvia_FL on 4/26/07 8:50pm
Msg #187262

Re: I do it everyday...never a problem.

Unless you are notarizing witnesses signatures (as in a will), there should be no problem.

Reply by Mike Photon on 4/26/07 9:47pm
Msg #187269

When in doubt about witness requirements, I refer to:
http://pawnotary.com/download/Witness%20Requirements.txt

Simple, clear and to the point --- I just like Paul's style

Reply by Mike Photon on 4/26/07 9:50pm
Msg #187270

PAW

Hi Paul,
The above file says "2006 requirements". Are you aware of any changes in 2007 ?

Reply by Shannon_Va on 4/26/07 10:14pm
Msg #187273

Virginia is not a witness state, so not required. But if there is a witness line without a notarization on it, you can sign if you want.
If you are notarizing the deed of trust, you can not sign as witness. Clerk will reject the recording. Notary can not be witness.

Reply by VBNotaryVA on 4/27/07 12:11am
Msg #187293

Thanks, Shannon. That was the only doc in the package that did ask for a witness signature and they specifically instructed me to sign as witness and notary.

Reply by Jersey_Boy on 4/27/07 10:57am
Msg #187344

NEW JERSEY

Jersey doesn't have witness requirements or restrictions. I've been signing as the witness and notary for about two years now.

I used to send the mortgages in without the witness (since it's not required) and then when I started seeing witnesses signatures (after recording), I started to feel uncomfortable. The people signing as witnesses were not there, did not witness, and are on the other side of the country half the time.... so how's that possible.

Since then, I sign as the witness for both borrowers as well as perform the notarization. If the property is in another state, I would obviously check what that state's requirements are first.
I haven't had anyone question it.