Posted by jba/fl on 8/24/09 11:06am
Msg #301448

I keep going online and finding things:

most notably, that my mortgages now have witnesses. Funny - didn't have them in the home, and not required in FL., where do you suppose they come from?

Shaking my head....

Reply by Jim/AL on 8/24/09 11:11am
Msg #301449

That is weird Julie, you are saying that they added witnesses to DOT/Mort. that you did closing on?

I thought that FL was a witness state? I know when I have dons HGV timeshare docs for FL property, they have always reqd. a witness.

Reply by MonicaFL on 8/24/09 11:16am
Msg #301452

Florida is NOT a witness state - only on conveyance of property i.e., QCD.

Reply by Sylvia_FL on 8/24/09 11:19am
Msg #301453

I discovered the same thing on my mortgages several years ago. Funny, the ones done for certain companies had the same witnesses on them. I know these "witnesses" didn't travel to Florida to witness the signatures.
After I discovered what was happening I always drew a line through the witness lines.

Reply by Glenn Strickler on 8/24/09 11:21am
Msg #301454

A large percentage of the DOTs (or mortgages, depending on the state) that I see have lines for witnesses' signatures. It's been that way for years. Follow your state's guidelines. If it's not required in your state, don't worry about it.

Reply by Glenn Strickler on 8/24/09 11:23am
Msg #301456

And as Sylvia said,

If not used, I draw a line through it.

Reply by Linda_H/FL on 8/24/09 11:57am
Msg #301459

Re: And as Sylvia said,....Glen

that's not the point...she didn't worry about it as they're not required in FL on mortgages - possibly a lender requirement but not a state requirement...however, two witnesses appeared "after the fact" who were not at the signing...

Sure would love to hear this one in court...so, Mr. Borrower, who was at the signing of your loan?

Mr. Borrower: Myself, my wife and the notary...

Anyone else?

No...


hhrrmmmm

Pos

Reply by Linda_H/FL on 8/24/09 11:58am
Msg #301460

Woops....meant Glenn...sorry n/m

Reply by Glenn Strickler on 8/24/09 8:15pm
Msg #301528

Finally got it....

I was vacationing last week and was still "trippin," when I read it .....

Reply by jba/fl on 8/24/09 12:15pm
Msg #301462

Including my own in 2005. The notary + someone else with the same last name, but only the notary came to my house and knowing witness not needed, never thought about it either.

Legally - could this be a deal breaker? Probably not, and I wouldn't, but what if?

Just musing, curious...

Reply by PAW on 8/24/09 12:31pm
Msg #301463

This could be ammunition for ...

... a suit against the settlement company and/or lender to show their business practice. But, in and of itself, I don't think much would be done, if anything.

Reply by Steve Perez on 8/24/09 1:12pm
Msg #301469

Re: It's a possibilty????? not sure

A friend of mine has a similar situation going on. Attorney says that my friends documents "signed at closing" do not have the witnesses signature but that the recorded docs obtained from county clerks office does have a signature. Case is going to court for that and "other" things. My friend had made copies in his home office on his copier before everyone left after the signing.

JMO

Reply by MW/VA on 8/24/09 2:14pm
Msg #301476

Sounds like one of those things the tc "fixed" before sending off for recording. Too bad they didn't even know it isn't a requirement.
I will still get instructions for FL signings that say there has to be one witness & the notary as one.
If it weren't for PAW I would have not known this isn't a state requirement. He has said, though, that it can be a lender requirement.
Virginia isn't a witness state either, but some documents still show up with the lines printed.

Reply by Linda_H/FL on 8/24/09 2:32pm
Msg #301480

Re: I keep going online and finding things:...Marilynn

Just to throw another clinker in the works....there's at least one county here in FL (and possibly more) who will not accept mortgages for recording without witnesses despite state law....seems they had an issue in that county some years back and the county now requires witnesses on mortgages. I had a huge go-round with them and even sent them the statute - they agreed to accept the mortgage for recording without the witnesses but told title "if anything comes up in the future it's on you (the tc) not us"...that scared title enough that they had me go back out - and it was no short trip either.

Just a heads up about FL and their requirements - sometimes the differences between counties is astounding..

Reply by MonicaFL on 8/25/09 9:46am
Msg #301576

Re: I keep going online and finding things:...Marilynn

Li nda, what county are you talking about?Those of us here in Florida need to know. Thanks.

Reply by Linda_H/FL on 8/25/09 11:02am
Msg #301582

My go-round was with Dixie County...

I've been told by others that "they're just dead wrong"....didn't matter...they stuck to their guns with me. There's also a few notaries who've never had this problem with them. I was just lucky, I guess.

Reply by 101livescan on 8/24/09 4:06pm
Msg #301501

With all the clamor this summer to get loans closed, and lenders not having the #s of support people they once had, or if they do, they are not skilled/trained for the peak load, I think a lot of signatures got applied AFTER THE CLOSING. Seems like they are trying to cover themselves!

So recently I had a notary call me and tell me she messed up on the signature page of a deed of trust for a refi, and she would just sign the borrowers name and use the recording venue's acknowledgment (not CA). It was a Provident loan, you know how picky they are. The lender had borrowers name and ack from OR on the same page, this notary struck it out and attached CA ack....faux paux...

I pointed out to her this would be fraud, forgery (time behind bars) and possibly loss of her commission and fines/penalties if someone wanted to make something of it.

Can you imagine the borrower receiving the conforming copy of his deed of trust and finding that he had not signed it at all?

This my friend, is my competition? NOT!