Posted by Donna Fleming on 7/29/09 10:42pm
Msg #297970

Do you need a witness on a deed of trust for a Las Vegas, NV

I have a refinance in Florida, but the borrower's property is in Nevada. There are no witness lines on the deed of trust. What is the law for a Navada dot, is there a witness requirement.

Reply by Lee/AR on 7/29/09 11:17pm
Msg #297976

Nope...unless it's a Lender requirement n/m

Reply by PAW on 7/30/09 5:07am
Msg #297986

For a list of 'witness requirements', see

http://www.pawnotary.com/kb/2-4.html

Reply by JanetLA on 7/30/09 8:43am
Msg #297998

Just curious

We are not ever allowed to witness ANYTHING we notarize. I know we are the exception. I wonder if you sign as a witness and then notarize below as well? This might sound silly but we can't even witness a vehicle donation that requires two witnesses. Our authentic acts require them to be signed "in the presence of a notary public and two competent witnesses". So do you sign in both places? Or does the notarization suffice as your witness requirement?

Reply by Linda_H/FL on 7/30/09 9:02am
Msg #298002

In FL we can sign as both witness and notary n/m

Reply by Linda_H/FL on 7/30/09 9:03am
Msg #298005

Should add - unless the document preparer prefers

we don't...then the signer needs to line up two witnesses.

Reply by PAW on 7/30/09 11:06am
Msg #298063

Re: Just curious

It is important to note the use of the word "and" in the LA statutes. To wit: RS 9:5136 (concerning mortgages) states, in part, "... an instrument duly acknowledged by the parties in the presence of a notary public and two witnesses."

In some states, such as Florida, mortgages do not state that it must be signed in the presence of witness and notarized, but state that an instrument must be acknowledged. In that case, as determined by Florida case law, the notary is considered an "official witness" when the acknowledgment is completed. There are also situations where the execution of a document must be witnessed and acknowledged. In those cases, Florida does allow the notary to act in both capacities, as an unofficial witness and as an official witness. Therefore the notary would need to sign the instrument twice.

Reply by JanetLA on 7/30/09 11:23am
Msg #298071

I understand the LA RS but

I wondered how you did both. While I am very well aware of the authentic act requirements here.... We have many items here that we prepare in authentic form, including auto title transfers involving a donation and our RS tells us we must have two witnesses to the transaction...I just did not know if you signed on the witness line or if simply the signature on the notary line met the requirement for the second witness. No big deal. Just wondering. Thanks

Reply by jba/fl on 7/30/09 11:37am
Msg #298072

Re: I understand the LA RS but

sign as witness, then as notary. Not aks. the signature of witness, only BO's or whoever signs.

Reply by PAW on 7/30/09 12:46pm
Msg #298089

Re: I understand the LA RS but

As Juli stated, when we sign as both a witness (unofficial) and a notary, the acknowledgment is for the principal's signature only, not the witnesses. On instruments that the acknowledgment includes ALL signatories, e.g. Wills, then the notary cannot act as an unofficial witness since the acknowledgment includes the principal (testator) and witnesses. A Florida notary, as is in most other (if not all) states, cannot notarize their own signature, so they cannot act in both capacities in those cases.

Reply by parkerc/ME on 7/30/09 1:41pm
Msg #298105

Re: Just curious

Same here in ME. Can't be a witness and the notary on the same doc.

Reply by Pierces Notary Services on 7/30/09 9:31am
Msg #298018

I was wondering about that for a Colorado property

I did a signing for a Colorado property last night here in PA.

Reply by Les_CO on 7/30/09 12:00pm
Msg #298076

Re: I was wondering about that for a Colorado property/Nope. n/m