Posted by TaxMan/NC on 8/18/08 11:39am
Msg #260455

Any spec requirement for Washington DC property?

I'm in NC and just got a closing (refi) for a property in Washington DC. Are there any special requirements for the closing (such as witnesses required), or spousal docs? NC is not a witness state and spouse is required to sign certain docs. We'll be signing here in NC, but do I not have to follow the requirements for the state where the property is located? Thanks!

Reply by PAW on 8/18/08 12:16pm
Msg #260464

Yes and No.

Yes, you need to follow the property state requirements for witnesses, spousal stuff, etc.
No, you need to follow YOUR state requirements for notarial acts when notarizing the signatures on the documents.

I'm not aware of any special requirements for DC as to witnesses. As for spousal rights, check with the title company to be sure. As far as I know, dower was abolished in the District of Columbia, effective April 27, 2001. Joinder of non-title holder spouses on conveyances is no longer required. DC does not recognize the community property concept, and there isn't a homestead law.

Reply by Carole Breckbill on 8/19/08 9:33am
Msg #260571

So if someone is executing documents in OH for a FL property, we need to have the signatures witnessed according to FL law?

Reply by BrendaTx on 8/19/08 10:11am
Msg #260580

Carole, it's always been my understanding that

we need to follow the notary rules of our state when we notarize, but when it comes to the documents conveying the property or securing the loan you have to give some consideration to the state where the property is and what their requirements are.

So, yes...just because you are an OH notary doesn't mean you can ignore the witness requirements for conveyance docs in FL. (I don't think a DoT/Mortgage requires witnesses...just documents which convey property.) I'm sure Paul/PAW can enlighten you on that if my statement is wrong.

Reply by Carole Breckbill on 8/19/08 11:48am
Msg #260593

Re: Carole, it's always been my understanding that

A little knowledge is a dangerous thing . . . and there are so many knowledgeable people on this board with good information to impart, that I sometimes overthink. We have a LOT of snowbirds from OH to FL, believe it or not, who can afford more than one home. Also do many RMs on FL property. So even though the work is done here in OH, I sure don't want the FL recorder to refuse for lack of a witness or two. Thanks -for your kind reply - I try to follow the common sense route too.