Posted by Robin L. May on 10/28/09 3:47pm
Msg #309011

witness

I have been hired to witness seller signatures for property in Florida I am in Ky. I was told I would witness and would require a second witness. I thought witnesses were not required in KY? Does anyone know?

Reply by Ocean Pacific Notary Services, Inc. on 10/28/09 3:55pm
Msg #309014

robin - Since deeds are being recorded in FL, not in KY, borrowers will need to have a 2nd witness, since you can be one.

Reply by Robin L. May on 10/28/09 4:05pm
Msg #309016

Thank you

Reply by Jim/AL on 10/28/09 5:42pm
Msg #309030

witness not necessarily reqd. in FL either, but you need to

follow the hiring entities instructions regardless.

Reply by Linda_H/FL on 10/28/09 5:44pm
Msg #309033

Jim...she said she's been hired to witness

Seller's signatures for Florida property - any deed of Conveyance in Florida requires two witnesses....witnesses are not required on mortgages but they ARE required on deeds of conveyance (Warranty Deed, Quit Claim Deed, Executor/Administrator's Deed, etc., etc.)

Reply by parkerc/ME on 10/28/09 6:59pm
Msg #309045

No matter what your hiring authority says, if you are also acting as a notary on the document, you need to check with your state to see if a notary can also act as one of the witnesses. If your state prohibits you from acting as a notary and witness on the same doc, then the seller will have to come up with two other witnesses.

Reply by SharonMN on 10/29/09 9:56am
Msg #309103

Do you need to ID or do anything with the witness?

Do you need to check the witness' ID, put their name in your journal or anything? Or just have them sign where indicated? I thought nothing was needed on my part since I was not notarizing the witness' signature, only the borrowers.

Reply by MistarellaFL on 10/29/09 10:07am
Msg #309107

Re: Do you need to ID or do anything with the witness?

No, no witness ID's are req. for deeds in FL.
In FL the recording requirement for deeds is 2 witnesses, one can be the notary.
I don't believe state witness requirements have anything to do with notary law,
I think it has everything to do with the state's recording requirements.

Reply by Jim/AL on 10/29/09 11:06am
Msg #309123

Disagree Misty. If witness required I would ID them and

also have them sign my journal, and I do every time.

This may not be FL law, but it is best practice to safeguard yourself...IMO.

Reply by MistarellaFL on 10/29/09 11:34am
Msg #309133

Do what you like in AL

But in FL I won't be requesting ID for persons for which I am NOT notarizing signatures.
In the case of wills, I am notarizing the signatures of the witnesses, therefore needing proper ID from witnesses. (People get this confused all the time)
IN the case of mtgs/dots, I am not notarizing the signatures of the witnesses, in fact I am one of the witnesses. I am only notarizing the signature of the buyer/seller/brw.
I don't know if it's even legal to require witness IDs in FL, and I don't see how it safeguards me as a notary or signing agent.
The OP is asking specific information regarding witnesses on a FL deed, and the advice you are offering is NOT Florida compliant.

Recording Requiriements for Deeds in FL:
Sign in BLUE.
2 witnesses, one can be the notary.
No ID required for witnesses.

Can I get an amen, FL agents?

Reply by Linda_H/FL on 10/29/09 12:03pm
Msg #309159

I note the witness names in my journal

but I do NOT require ID from them - heck, sometimes I pull them out of a checkout line somewhere...I dont' care who the witnesses are - they're just signing that they saw the person sign the doc - and that I insist on - they see it signed - but that's it.

I, like Misty, only ID the person whose signature I'm notarizing...that's MHO and my personal practice.

And again....two witnesses required on deeds of conveyance in FL, one can be the notary - No "not necessarily" about it - it's required...not MHO - the law.

Reply by jba/fl on 10/29/09 12:07pm
Msg #309161

AAAAAaaamen, aaamen,aaaaaamen! (to be sung) n/m

Reply by PAW on 10/29/09 12:09pm
Msg #309163

Only a partial "amen"

Deed recording requirements do in fact require two witnesses. Witnesses do not need to provide IDs to the notary. The notary is not notarizing the signatures of the witnesses, so the signer of the deed (grantor) is required to ensure the witness is who they say they are.

BLUE ink is NOT required for recording. Blue ink is 'preferred' by many recording clerks, but no state requirement exists for signature color. And, as far as I know, no county requirement either.

Reply by Jim/AL on 10/29/09 12:56pm
Msg #309170

Misty, you need to re-read the OP

"I have been hired to witness seller signatures for property in Florida I am in Ky. I was told I would witness and would require a second witness. I thought witnesses were not required in KY? Does anyone know?"

The post does not say Deed anywhere, nor does it even say they are notarizing anything does it? As far as I see they are being paid to be a witness! I think you are making assumptions.

If you go to court, and you are asked to explain who is "Donald Duck that signed as a witness on this FL deed and how do you know that is his/her real name" what would your response be?

I realize a witness is just that "I saw it signed". But why have a witness at all if nobody knows who they are or how to reach them to verify they witnessed?

Not trying to win any argument here, just really trying to understand why you would not want to CYA?

Reply by Linda_H/FL on 10/29/09 1:06pm
Msg #309171

Jim, the term "Witness Closer" comes to mind...

I also assumed Seller side of a transaction, which would require a Deed...

Maybe we need to hear from the OP..

Reply by Linda_H/FL on 10/29/09 1:11pm
Msg #309172

Should add here (as usual..<G>)

IF the OP is being hired as a witness only then it wouldn't be up to her to line up another witness - it's not her problem - it's the hiring party's issue - the OP's been told she can be a witness and there needs to be another witness...why tell her that if she's "just a witness" - leading me to believe she's the notary.

Reply by Jim/AL on 10/29/09 1:42pm
Msg #309173

Re: Should add here (as usual..<G>)

Thanks Linda, was waiting on the 2nd post, lol.

I would assume the same and we both know about assuming.

Reply by Linda_H/FL on 10/29/09 2:24pm
Msg #309176

Re: heh...:P n/m

Reply by MistarellaFL on 10/29/09 2:04pm
Msg #309174

What are you rambling about? This is a notary forum

Majority of us are signing agents.
I think we can safely assume from the post what the OP is asking.
She is going to be a witness closer for a seller's side for a property in FL.
The signing will be happening in KY.
Sellers will be signing a deed.
2 witnesses are required for FL deed recordation, one can be the notary.
Identifying witnesses is not required in FL.
FL allows the notary to be one witness, and the notary.
If I have to go to court re: witnesses, I'll tell the truth.
I am one witness, the other was provided by the seller (or whomever).
The lawyers and the judge will know that notaries don't get ID on witnesses, Jim.
It's not state/county required, not even requested by the lender or the tc.
You're ID-checkin'-azz-covering personal "requirement" is overkill. IMO.

Reply by parkerc/ME on 10/29/09 7:04pm
Msg #309218

Again, it depends on your state requirements whether you can be a notary and witness on the same doc. Even though FL says one witness can be the notary, in my state, a notary still cannot also be a witness on the same doc. So for property in FL, if lender requires two witnesses, borrower has to come up with two other witnesses.

Reply by parkerc/ME on 10/29/09 7:05pm
Msg #309219

. . if docs are signed in ME.