Posted by KimWmsVA on 5/5/09 1:12pm
Msg #287307

Witness requirements

Virginia is not a witness required state; however, I received a package for MortgageDocs that states that two witnesses need to sign.

How is the best way to handle this situation. Do I take my own witnesses or do I not worry about the witness statement?

Reply by Jim/AL on 5/5/09 1:28pm
Msg #287308

Is it a Virginia Property in question? Best thing to do

is call the TC or SS and explain that it is not required in VA, then ask if they still require two witnesses. This has been discussed here before and it can backfire on you if you just decide it is not required. JMHO

Reply by Lee/AR on 5/5/09 1:34pm
Msg #287310

Some lenders require witnesses regardless of state requirements, so, yes, I'd worry about it. I would definitely not supply the witnesses. (The idea of 3 total strangers... confidentiality, etc. --- just not good idea for notary, imho.)
Check with hiring entity first to be sure it isn't some sort of glitch on their part. If not, then let B's know they need to find their own witnesses.

Reply by KimWmsVA on 5/5/09 1:44pm
Msg #287312

Thanks for the input. I contacted the SS and they stated that this is not a requirement if the state does not require it, it is just standard in all there documentation to have the request listed.

Thanks to all!

Reply by MW/VA on 5/5/09 7:46pm
Msg #287361

Again, if you take the time to research by using the orange search button, you will find answers to many of your questions.
VA is not a witness state, but there are sometimes witness requirements for other states, i.e., purchases in FL sometimes require 2 witnesses, and the notary can be 1. These instructions are usually specific to the transaction. It is not our job to provide the witnesses, but to let the borrower know they will have to provide them.
Even though not required, I've had situations where people have a will or POA witnessed.