Posted by TM/CA on 8/17/09 4:44pm
Msg #300419

loan modification agreement..Witness required?

I notarized a loan modification agreement for a company in California and on one of the documents there was a signature line for a witness to sign. Does anyone know if a witness is required for this type of notarization? Any feed back is much appreciated. Thanks.

Reply by Ilene C. Seidel on 8/17/09 4:48pm
Msg #300420

Call the company

Reply by Jim/AL on 8/17/09 4:51pm
Msg #300423

Best to call to be sure, but if CA is not a witness state (never heard it was) and if it is for a CA property than more than likely it is not required and it is just a standard page used for any mods they do, and it is there in case they do one in FL or another state that requires witnesses.

Reply by PAW on 8/17/09 5:24pm
Msg #300427

FL does not require witnesses on loans, only deeds that convey property ownership. However, some lenders do require a witness on the modification.

Reply by JanetK_CA on 8/17/09 7:22pm
Msg #300449

What he said...

I see that all the time - on Mods, DOTs and other docs. They don't change their documents to comply with different state laws and CA is not a witness state. Unless I have specific instructions from a lender to get witness(es), I just ignore it.

Reply by davidK/CA on 8/17/09 4:50pm
Msg #300421

If you still have the papers then call whoever hired you. If not, then it's too late to do anything about it.

Was this an application where you collected checks from the borrower or was it an actual modification agreement from the existing lender?

Reply by TM/CA on 8/20/09 1:36pm
Msg #301077

The borrower presented me with a loan modification agreement form, as per the request of the Lender, requiring notarization .


Thanks for everyones input! I appreciate it.