Posted by seddy on 12/22/09 7:24am
Msg #315353

Regarding witness for mortgage in FL

I may have to return to a borrower's home (40 mi. round trip). I know mortgages in FL don't require witnesses, but for the first time it was requested that there be one witness. I didn't realize this until I was at the signing. Being the only non-interested party there, and knowing notaries are allowed to act as witnesses, I signed. It wasn't until this a.m. that I had a chance to look into the matter more closely and I think I wasn't allowed to be a witness on a mortgage unless I was acting as one of two witnesses. They only required one though, so I'm not sure what the ruling is on that. Any help would be appreciated.

Reply by Robert/FL on 12/22/09 7:48am
Msg #315356

There is nothing to prohibit a notary from also being a witness, at least in Florida. Since mortgages don't require witnesses I believe, it doesn't make any difference. But there is nothing that says that the notary can only be "one of two witnesses". I have notarized many marital settlement agreements where there are spaces for two witnesses to sign, but I was the only witness available and signed as the only witness.

Reply by seddy on 12/22/09 7:54am
Msg #315358

Here's what I read in my Signing Registry training manual about FL witness requirements:

"Two witnesses (one can be the notary -- Deeds of Conveyance ONLY, not mortgages"

And:

"NOTE:
Florida -- Mortgages DO NOT require witnesses; DEEDS such as Quit Claim and Warranty DO require witnesses"

So, given that, do you still think it's ok for me to act as a witness on the mortgage? It seems like I can, just want to be absolutely sure. Thanks Robert!!

Reply by PAW on 12/22/09 9:06am
Msg #315365

You should be alright. As you know, witnesses are not required, but the lender may want them. It they only want one witness, then you can be the one and only witness. The recorder may question it, but that's the lender or title company's issue. Just follow your instructions.

Reply by PAW on 12/22/09 9:13am
Msg #315367

Re: Regarding witness for mortgage in FL - additional info

Dixie County requires two witnesses (one can be the notary) on Deeds and Mortgages. (Per the Clerk of the Court, Dana Johnson.) So, if the property is in Dixie County, then two witness would be required. As far as I know, that is the only county that has made the witness requirement for mortgages. All deeds do require two witnesses no matter where in Florida the property is located.

Reply by jba/fl on 12/22/09 7:50am
Msg #315357

I think you are fine - unless the lender's instructions say 2 witnesses. If 1, you are it and then you are the notary.

If I'm wrong, someone will correct me, but I don't think I am. Someone else should be checking in shortly to confirm/refute.

Reply by seddy on 12/22/09 7:58am
Msg #315359

Thanks Jules! So far both you and Robert are giving me the green light so I'm pretty sure you're right. I also noticed that the lady initialed w/o her middle initial on several docs, something I've never had to deal with before either. I don't think that should affect the funding, but I wish I would've caught it at the table. Kicking myself about that. LONG day yesterday!

Reply by Linda_H/FL on 12/22/09 8:11am
Msg #315361

Unless the lender has specifically instructed that you NOT

be a witness, you should be fine on that front. The initial issue, OTOH, ... well, you MAY need to go back to have that corrected.

MHO

Reply by seddy on 12/22/09 8:22am
Msg #315364

Thanks SOOO much everyone! Merry Christmas & God bless!!!! n/m

Reply by jba/fl on 12/22/09 9:18am
Msg #315368

Re: Unless the lender has specifically instructed that you NOT

"The initial issue"

How does she sign her DL (or whatever you used to ID her)? That is her signature - also, did you have a signature affidavit? Sometimes when we try to force them into signing a particular way, they slip into what is natural for them.

gotta love those with scrawls !

Reply by Linda_H/FL on 12/22/09 9:22am
Msg #315371

Julie...borrower initialed without her middle initial

not signed without it...

Reply by jba/fl on 12/22/09 9:25am
Msg #315373

Yeah - dawned on me after I posted... n/m