Posted by kkarate on 5/29/08 6:40am
Msg #249157

Have anyone ever had to provide the witness for lender

I had a signing this week were I was asked to provide the witness for the lender. I wanted to know if anybody else had this request.

Reply by GA/Atty on 5/29/08 6:44am
Msg #249160

I have sometimes - many states do not require it, though n/m

Reply by CopperheadVA on 5/29/08 7:01am
Msg #249161

Yes, but I told them that I do not provide witnesses. If witnesses are needed, it's on the document signers to secure them. The TC said, "Well don't you have a friend or a neighbor who you can ask?" I told them no, I'm not asking my friends, family or neighbors to come on a job with me. I insisted that the borrowers secure their own witnesses and low and behold they did. This was a DOT being signed in Virginia for a Louisiana property. I think if I was in a state that required witnesses for every DOT then I would want to shoot myself!

Reply by nolanotary on 5/29/08 8:18am
Msg #249173

In Louisiana, 2 witnesses are required, notary cannot be one of them, for every mortgage (deed of trust in most states) to be executed. I never provide the witnesses mainly because there is too much liability. Since so much personal and confidential information is being discussed at the signing table, I prefer not to bring witnesses because if something should happen in the future, such as identity theft, I do not want to have any allegations directed at me. Example, "Well, the notary brought 2 strangers into my home and they obtained all my personal info and now we're having all these credit problems because someone fraudulently used our SSN. TCs, SSs & even the signers have asked me in the past to provide witnesses because the signers say they cannot provide them, but I always tell them to find 2 of their own witnesses or we'll need to cancel the closing. I suggest that they get either their neighbors, friends, or family to serve.

Reply by Brandy Rupert on 6/22/08 2:22am
Msg #252458

THis has nothing to do with providing witnesses, this is in regards to the comment about shooting oneself if they lived in a state that required witnesses for every DOT. Louisiana is the BEST state to be a notary, although the testing is difficult and we are on our own as far as keeping current on the laws but we can do anything a lawyer can do except represent someone else, or give legal advice, we can however recommend and explain what documents one may need. WE can prepare wills, divorces, form corporations the possabilties are endless. We have no restrictions on our fees, within reason, we are actually Civil Law Notaries, we can open a Notary business, without a bus. lis. Now, with the oil and gas business blowing up, you can make crazy money here, I am not trying to sound rude but I just have to say I love being a notary in Louisiana. I am rethinking this Signing Agent stuff, it seems to be more trouble than it is worth, so thanks to everyone who has posted on this blog. I am way more informed. Anyone here thinking of moving, seriously think of Louisiana, you can make really good money here.

Reply by NCLisa on 5/29/08 7:38am
Msg #249169

I also tell the lender/TC that the borrower must provide the witness. If they'd like to double my fee so I can give "MY Witness" payment for taking time out of their to drive all the way to one of my closings, witness the signature on the doc, then go home, they are welcome to and I'd find a witness. Since they don't do this, I feel it is up the borrower to provide the witness.

Reply by sue_pa on 5/29/08 7:54am
Msg #249171

Even in the case that they'd pay (which we know no one will) I still wouldn't provide a witness. On the very off chance that 'something' would come into question down the road about the signer's competence, willingness to sign, etc., they could throw out that the witness was under your direction and receiving payment for services.

Reply by ohnotary on 5/29/08 8:43am
Msg #249180

sometimes. but our state does not need witness. but occasionally depending on lender.

Reply by Lee/AR on 5/29/08 8:49am
Msg #249182

Yes. Said no. However, one particular lender always requires 2 wits; 90% of the time, the B can & does provide them. Other 10% (& this just kills me), B's don't want anybody knowing their business, so location is moved to a fast food place, where I must talk some total stranger into 'witnessing the signing of a document'. I get wits 'to the table' for only that ONE page of the doc, introduce everyone, tell 'wits' "This is the big moment--watch! Good, now sign your name here. Thank you & have a good day." They all walk off with a very amused grin & I feel that they will remember 'yep, watched 'em sign', if it ever became an issue. They have no clue 'what' they watched--as it's just a signature/cert page. I'm also quite amazed that people are willing to do this--both Bs & wits! (And feel like a complete idiot, but...hey, it's what the B's wanted.)

Reply by jba/fl on 5/29/08 11:22am
Msg #249218

Lee/AR's method is employed by me as well on occassion for many of the same reasons.

"Watch 'em sign" and off you go!

Whatever it takes - get the job done!

Reply by desktopfull on 5/29/08 10:06am
Msg #249206

Yes, just this week and they paid the witness I brought along $25.00 to sign one page.

Reply by desktopfull on 5/29/08 10:13am
Msg #249209

I'll clarify a little more, the borrower had just moved into

their house here in Florida and were closing on a property located in GA, and there was an atttorney on the phone during the closing. They didn't know anyone to ask and the Attorney requested me to have someone ride along for signing and the borrower readily agreed since they didn't know anyone yet.

Reply by JanetLA on 5/29/08 10:07am
Msg #249207

Louisiana always requires two witnesses and I try to have

the borrowers provide them. Telling them that the witnesses are needed is sometimes my most difficult task since they have been dealing with the loan for a long period of time and "this is the first I have heard of witnesses" is a common response. I do offer to let them come to my home office and have neighbors and/or friends be the witnesses. I don't often meet them in public places because we have to identify the witnesses and strangers in the coffee house are not too happy about giving me their ID. In Louisiana, we have to have witnesses on many forms, even the form for one person to do an act of donation of a vehicle. Anything pertaining to immovables always requires the witnesses as well. As always, we are different here... Best of days to you all.

Reply by brass/LA on 5/29/08 7:04pm
Msg #249317

Re: Louisiana always requires two witnesses and I try to hav

I am a Louisiana notary and have done hundreds of signings. As has been mentioned, Louisiana is the only state that requires two witnesses (notary cannot be one) for mortgages (deed of trust elsewhere) and other documents involving immovables.

When I call to confirm the appointment I always advise the borrower that we will need two witnesses and ask that the borrower provide them. My experience is that most borrowers don't want to involve their relatives, neighbors, friends, etc. in their personal business because they don't want these people to know their personal financial situation and info.

This is how I have handled this difficult part of the signing. I advise the borrower that the duty of the witness is to witness their signature to one document, the mortgage. After identifying the borrower and having the borrower sign my journal I then present them with the Right To Cancel and get that signed. Then I have them sign the mortgage, the witnesses sign, I sign and notarize and the witnesses leave. We don't discuss any financial or personal information up to this point.

I then go through the rest of the closing docs outside the presence of the witnesses. Never had a problem doing it like this.

Also, if the borrower cannot provide witnesses I will meet them at a local coffee shop or other convenient place. Needing two witnesses I have never had to ask more than 4 people (complete strangers) to get the two required witnesses. Matter of fact, when I am at Starbucks and approach someone I have been greeted with "Need a witness?" many, many times!!!