Posted by Jess/CT on 7/27/09 10:10am
Msg #297503

Witness requirements, CT

It is my understanding that 2 witnesses are required on the mortgage in CT, and that one of them can be the notary.

I received both the mortgage and note docs back stating that I needed to have these resigned by 2 witnesses and that one could not be the notary.

This is my first time receiving docs back, I usually ask that the borrower have one witness present. Am I supposed to request that they have 2 witnesses?

Thanks for your help as always!

Reply by MsM/CT on 7/27/09 10:14am
Msg #297504

You are correct but...

did you sign the additional witness line in addition to filling out the notary block?

Reply by Regal/NC on 7/27/09 10:15am
Msg #297507

Check yout state guidebook/regulations

I would check your state guidebook - regulations regarding your ability to witness. Your state may allow it but not the lender/title.

Reply by PAW on 7/27/09 10:18am
Msg #297508

According to my underwriting manual (Stewart), only one witness, other than the notary, must sign the security instrument. Two witnesses are required for deeds of conveyance.

However, this is not to imply that something may have changed since printing, but I don't know of any states, except Louisiana, that do not allow the notary to act as one of the witnesses when two witnesses are required.

Reply by LynnNC on 7/27/09 6:54pm
Msg #297571

NC does not allow the notary to act as one of witnesses when two witnesses are required.

Reply by Jess/CT on 7/27/09 11:02am
Msg #297515

I just spoke with a CT attorney, on an unrelated and asked about this. She mentioned that the title/lender may not understand the law in CT and that a notary can be a witness on the mortgage, in additonal to another witness.

As someone here mentioned, there may be a lender requirement. But how would I know they want something in additon to what is required by my state if they don't tell me in advance?

I will look for something in writing as well, I would hate to go back to a borrower if it is not necessary.

Reply by Linda_H/FL on 7/27/09 11:23am
Msg #297518

If you were not advised of this prior to the signing, what I would do (and which I've done) is let them know that you've discussed this with an attorney and that in CT the notary is allowed to act as a witness. However, you'll be happy to go back and have it resigned, BUT since it's only a lender/title requirement and not a result of an error on your part, a re-sign fee will be required.

MHO

Reply by Jess/CT on 7/27/09 11:59am
Msg #297520

Thanks!

Linda, that sounds like a good idea, I appreciate it.

Thanks everyone for your help on this, you've been very helpful!

Reply by ADD/NYCT on 7/28/09 7:09pm
Msg #297788

CT Witness

You did it right Jess - as long as you signed on one of the witness lines. I do closings for an Atty in CT and I serve as witness number one.