Posted by MSFlorida on 7/26/07 10:11am
Msg #201915

venting

OK someone is trying to say it is a requirement in Florida to have two witness on the Mortgage. What's really bad is I know there is a requirement and the Re

Reply by NCLisa on 7/26/07 10:14am
Msg #201917

Isn't it a deed in Florida needs witnesses, not a

Mortgage?

Reply by MSFlorida on 7/26/07 10:15am
Msg #201919

Re: Isn't it a deed in Florida needs witnesses, not a

Yes sorry posted to fast on the first post.

Reply by MSFlorida on 7/26/07 10:15am
Msg #201918

Sorry typing to fast. What I mean't to say was I know there is no requirement for this. I did
signing last night at 8:00pm I get a email from Co who hired me at 11:54pm but did not
see until this morning stating it is a requirement for witness on mortgage State Law as they put it .So now there are no witness on mortgage but they want me to go and get witness.
Please Florida notaries sign in on this one. I know they read this board

Reply by MSFlorida on 7/26/07 10:21am
Msg #201921

Sorry posted by mistake without completing. Read next post.

Reply by DebbieT on 7/26/07 10:23am
Msg #201922

Florida is not a witness state for mortgages. Unfortunately it is required by some lenders.

Reply by MSFlorida on 7/26/07 10:26am
Msg #201923

Yes that is what I emailed them. I told that if it was required by the Lender that they should of put that on the Cofirmation. NOt wait until 11:54 pm to email me to let me know.

Reply by SoCal Signing Co. on 7/26/07 10:38am
Msg #201926

I know you are upset about this, every single florida signing we get and we get many, ask for this.
If this is not completed, we get hit by it.
We do not set the rules, and I certainly do understand your upset.
The late email you received was a signing reminder to double check all work, this goes out every night during month end.
the attachments were sent to us months ago from a lender about Florida.
I have spoken to many Florida Notaries who add the witnesses to every Mortgage (deed of trust) on all signings, to avoid any revisits.

If you can not provide a 2nd witness please let me know,
Lisa
909-917-4586

Reply by MistarellaFL on 7/26/07 10:41am
Msg #201929

Msg #95887

Paul has copied and pasted the Florida statute on this post.
In Florida, witnesses are not required by law for recording mortgages, but are on deeds of conveyance ONLY: Quit Claim, Warranty, Grant, etc.

Reply by Sylvia_FL on 7/26/07 11:07am
Msg #201944

SoCal Signing Co

As Florida does not require witnesses on Mortgage, then you should alert the signing agent at the beginning that the lender is requiring witnesses, otherwise if you have the signing agent return to get witnesses the signing agent should be paid for a second trip.

I never got witnesses on mortgages unless requested up front, in fact I have had borrowers object to getting witnesses when they are not required by law - they don't want others knowing they are getting a loan.

Reply by Linda_H/FL on 7/26/07 10:41am
Msg #201927

Re: I ran into this too

Just FYI for all of you - Dixie County requires two witnesses on mortgages...I just went through this and was beside myself because of the state law - they told the company they would reject the document for recording if there were no witnesses - I forwarded the statute to both the hiring party AND the county clerk - county agreed to accept it the mortgage for recording with the stipulation that if anything came up in the future it was title's responsiblity -with that disclaimer the company decided they weren't willing to chance any problems and I had to go back out and get witnesses.

Reply by FLdocrunner on 7/26/07 10:46am
Msg #201932

Re: I ran into this too

I always use 2 witnesses on both a mortgage and deed just to be safe here in Florida.

Reply by ZeeCA on 7/26/07 10:52am
Msg #201935

what is the reasoning behind witnesses? and who picks them?

just curious as we in CA do not have to do this at all.....

thx

Reply by jba/fl on 7/26/07 11:10am
Msg #201947

Reason: right signer, honesty. Who picks: bor. The

notary can be one. It is not requirement in FL, but snags are there when you hit recorders who don't necessarialy stay current, or have their own interpretation.
My guess: Florida had such a bad rep for land deals years ago, sort of the wild and wooly west of the south, one could say, and in the real estate reforms during the 60's, 70's (or whenever, as I am sure I am leaving myself wide open here for PAW) many laws, rules, etc. were instituted for the buyers' protection. Times are changing again, but we have many 'old faithfuls" still guarding the bastions and portals who 'know it all' and these are the ones we satisfy. Also, lenders will require so that snags are prevented.

Reply by Linda_H/FL on 7/26/07 3:39pm
Msg #202045

Re: Believe it or not...that precisely the explanation

the Borrower gave me when we discussed my having to return to have it resigned and witnessed - he said the County took a hit on some bad deals so they were no longer taking any chances.

And I just got a request for another signing in that county next week...now I know better..<G>

Reply by JanetLA on 7/26/07 2:27pm
Msg #202024

Reasons for two witnesses

In Louisiana, any act in writing that is executed in front of a notary public and two witnesses is called an authentic act. And that means that it is full proof as to the authenticity of the signatures. All mortgages here, as well as many other documents have the two witness requirements. Interestingly, for some documents, there is not an age requirement, but rather an "age of understanding" requirement. Wills that I prepare I select the witnesses, but other docs such as a mortgage, I allow the borrowers to select and provide the competent witnesses to make things easier for them. Not to mention the fact that my family and friends do not want to go to borrowers homes every day. However, in Louisiana, a notary may NEVER be a witness to a document that he or she is the notary for. It seems that other states must allow notaries to witness. Is this correct for any of you? Have a busy next few days and a great weekend, Janet

Reply by AlanJ/LA on 8/3/07 2:08pm
Msg #203828

Re: Reasons for two witnesses

I've heard that witnesses on notarial testaments in Louisiana must be at least 16 years old, and that if a witness is a legatee or a spouse of a legatee (at the time a will is signed), that the legacy to the witness or spouse is not valid unless the witness or spouse would have inherited in intestacy. Do you know if this is correct?

Reply by MikeC/NY on 7/26/07 7:47pm
Msg #202094

May be true for Polk County also...

Just did a FL purchase on a property in Polk County the other day, and the TC insisted that the mortgage would not record unless there were two witnesses. I know from PAW's past postings that this is not Florida law; I have done FL refis and purchases before, and have never been told to have the mortgage witnessed until now. Maybe each county recorder sets their own rules?

Reply by MistarellaFL on 7/27/07 11:12am
Msg #202230

Re: May be true for Polk County also...

<<<Maybe each county recorder sets their own rules?>>>


Mike, sometimes I think they make their own rules as they go along, LOL