Posted by Hugh Nations Signing Agents of Austin on 3/17/07 3:14pm
Msg #180361

Witness recordation

Texas does not require witnesses to the execution of a deed, except for the notarization. However, I sometimes have to notarize out-of-state transactions, most notably Florida, where witnesses are required.

Question: Is it necessary to log in the witness just as is done for the principal signer(s) in my notary journal? Is photo ID required?

Reply by CopperheadVA on 3/17/07 3:54pm
Msg #180363

A journal is not required in my state, although I do use one. Generally, witnesses are not required in my state either. When I have notarized and witnesses were required I have asked them for ID, logged them in my journal, and asked them to sign my journal. So far they have all complied with that request. I make a notation in my journal that they were signing as a witness for Joe A. Borrower, and that way I have a record of it if ever needed.

Reply by Sylvia_FL on 3/17/07 4:25pm
Msg #180365

Hugh
Florida only requires two witnesses (notary can be one) on deeds that convey the property. Mortgages do not require witnesses. But if the company is requesting witnesses always make sure they print their names under their signatures.

Reply by Sylvia_FL on 3/17/07 5:57pm
Msg #180367

Read Tex. Gov't. Code Ann. § 406.014

I believe you will find the answer to your question there

Reply by MikeC/NY on 3/17/07 6:46pm
Msg #180375

What does your state law say? Are you notarizing the signatures of the witnesses? If not, I don't think you need to record them in your journal or ID them, unless the lender requires it.

Reply by Ernest__CT on 3/17/07 7:17pm
Msg #180379

CT requires two witnesses for mortgages and deeds (and some other real estate transactions), and lenders have their own (additional) requirements. CT suggests, but does not require a journal. My journal always has the names and signatures of the principals, but never the witnesses. ID should not be needed for the witnesses.

As someone else has already said, be sure that the witnesses print their names under their signatures! Failure could mean that the document would be rejected.

Nothing herein should be construed as legal advice. Actual mileage will vary. Close cover before striking.

Reply by Sylvia_FL on 3/17/07 7:54pm
Msg #180392

Texas notary law is clear on this. I am surprised that Hugh, a retired attorney, and a notary for several years has to ask this question. Everyone should know their own states notary laws.

Reply by Hugh Nations Signing Agents of Austin on 3/18/07 4:13am
Msg #180433

Sylvia FL chides:

***Texas notary law is clear on this. I am surprised that Hugh, a retired attorney, and a notary for several years has to ask this question. Everyone should know their own states notary laws.***

Don't be surprised, Sylvia, my dear. Lawyers are among the laziest of God's creature, surpassed in that respect only by '60's era hippies. And retired lawyers, who no longer can say to a paralegal, "Hey, Josephine, go pull this section of the Code," are even worse.

The code section you cite strangely doesn't require recordation of the witness's name, just the manner of introduction and the addresses of the witness and the introducer.

Reply by LkArrowhd/CA on 3/18/07 10:45am
Msg #180457

Re: Witness recordation-I must admit I was thinking the same

thing myself as I read Hugh's post but as he explains it's just too much effort to research.