Posted by C. Wayne Moore on 2/6/09 4:26pm
Msg #276784

Witness Availability

How many NSA's have a witness available to take with them to a signing? Next question is if you do are the available with a two hour notice and what do you charge and pay for the service?

The purpose for asking is that I was contracted for a signing with a 2-1/2 hour notice (e-docs). Was not informed a Warranty Deed was in Pkg. Requires two witnesses in FL ( I know I can be one of the witnesses). Contacted borrower and he was not aware of the witness requirement and did not have a witness and could not furnish a witness. Called the SS. They had me call the Title Co. (a reverse mtg establishment). Got read the riot act for calling them and I should be working through the SS. They said the SS was informed of the need for a witness and they would find their own Notary with a witness. Talked with borrower and he had talked with LO and LO told him Notaries always have a witness available. Called borrower and advised that another Notary would probably be conducting the signing.

CW



Printed the docs and the SS said they will pay print fee.

Reply by Patricia Manatt on 2/6/09 4:29pm
Msg #276785

We are not required to have a witness available, however, in my business, I have 1 and of course, pay them a small fee for their services .

Reply by Sylvia_FL on 2/6/09 4:35pm
Msg #276786

It isn't our job to provide witnesses. I have had borrowers tell me they do not have a witness and I have told them that one of the documents has to have a witness and without one the loan will not go through. Usually they then miraculously know someone they can have as a witness. On the rare occasion the borrower hasn't had a needed witness and I wasn't able to have my husband with me I have let the title company (or signing service) know that the borrower cannot provide a witness and I would have to pay for one to accompany me and so there would be an extra charge for providing a witness - and they have paid the witness fee.

Reply by C. Wayne Moore on 2/6/09 4:41pm
Msg #276788

Sylvia thanks for your response. I have never furnished a witness (just don't have anyone interested in doing it). When I reviewed the docs and saw the warranty deed I knew if it was not witnessed properly the loan would not go through. That is why I called the SS. If they had told me I needed to furnish a witness I would have turned down the signing.

CW

Reply by MikeC/NY on 2/6/09 4:39pm
Msg #276787

My understanding from talking to others is that the notary rarely if ever supplies the witness. It's not a requirement here and I've personally only had a handful of out-of-state closings that required a witness. In all but one case, the signer provided the witness. In the one case where that wasn't possible, I called a friend who just happened to be available; had she not been, the signer would have been out of luck because I wasn't going to spend any more time on it. It's just not in the job description...

Reply by A S Johnson on 2/6/09 5:04pm
Msg #276791

1) who was the Title Co? If I have a question about what to do with a doc, I'll be calling Title/Escrow for the proper infor. Many times the SS doen't know. If the Escrow officer has a problem qwith me calling then I more than likely do that one BUT NOT again. I'm trying to get the docs signed properly and the one who really knows what is correct is the Escrow officer.
2) who was the SS?
3) This is "advise" from the TEXAS SOS Notary office-who can be a "witness" is NOT "spoken to" in any Notay legistration.
A witness is some who has known the signer and show know the signer of some time to come incase they are needed to confirm who signed the doc. The signer should provide their own witness.
Thus I do NOT provide a witness or allow a signer to just "pull someone off the street". This is just CMA so I don't get caught in the middle.

Reply by nolanotary on 2/7/09 7:40pm
Msg #276857

Louisiana requires 2 witnesses...Notary cannot serve as one. I notify the borrowers when I confirm the appointment with them. I do not provide witnesses due to the liability. We are reviewing personal information and I just don't feel comfortable bringing someone into that situation. I tell the borrowers it is their loan and their responsibility to provide the individuals to serve as witnesses. Haven't had hardley any problems with doing it that way so far.