Posted by Jacqueline Dyson on 9/21/09 5:30pm
Msg #304517

Question For California Notaries

I completed a signing several months ago here in California. The property was located in Georgia. I am being told I should have had the borrower sign in the presence of a witness. The title company is requesting a correction. How would I correct? The borrower has returned to Georgia.

I have completed numerous signings for properties in the State of Georgia and have never been required to provide a witness. For those of you who have or complete signings where the property is located in Georgia, do you have a witness sign?

TIA

Reply by ChristineHI on 9/21/09 5:43pm
Msg #304518

Yes, they require 2 witnesses actually. I was one witness and then we had another witness. I have done two of these here in Hawaii. The additional witness in my case were people we didn't even know. They worked at the borrowers' hotels. Witnesses are definately needed though. You also need to, at least in my case, call a pre arranged attorney from the table and he speaks to the borrowers briefly. They then sign a "waiver form" that is sent back with the docs. The attorney signs that form back in Georgia. Georgia is an attorney state.
I am not sure how you correct it either since the docs are back in Georgia along with the borrowers. They need to obviously do that over there. Have they said what kind of corrections they want from you?
I don't know how your previous ones closed though. Perhaps they just signed as a witness when the docs were returned and didn't tell you. You never know. :-)

Reply by Jacqueline Dyson on 9/21/09 5:50pm
Msg #304520

I am not sure how they want me to correct. I have asked this question twice and no response as of yet.

Reply by CaliNotary on 9/21/09 6:08pm
Msg #304521

If they need a witness for an out of state property

it's their responsibility to tell me. I know CA law, I shouldn't be expected to know the witness requirements of every other state as well (although I've seen a list on here before and it would probably be pretty easy to memorize).

As for correcting it, if the borrowers are back in Georgia already there's nothing you can do, at least not legally. My guess is that they're hoping you'll just get a couple of random people to scribble their signatures as witnesses, or forge them yourself, but don't actually want to ask you to do it.

I honestly wouldn't worry about it. You put the ball in their court, let them figure it out. Next time maybe they'll think to tell the notary in advance.

Reply by PAW on 9/21/09 7:43pm
Msg #304532

Re: If they need a witness for an out of state property

I agree, it's the title company's problem, not yours. There is nothing you can do, even if it was an error or your part (which I doubt, unless they specifically told you witnesses were required).

They (lender & title) may need to get the mortgage re-executed, with witnesses. (I doubt that not having the mortgage properly witnessed will any effect on the legality of the instrument.)

Maybe Ed (GA/Atty) will weigh in on this thread.

Reply by MikeC/NY on 9/22/09 12:48am
Msg #304546

Unless they're planning on paying your round-trip airfare to Georgia to have this redone in front of witnesses, there's not much you can do. Did they tell you when you go the assignment that witnesses were required? If not, it's on them. And if you already got paid for the job, you're done. Let them figure out how to finesse this - they wouldn't be the first company to have "witnesses" sign after the fact....

Reply by ReneeK_MI on 9/22/09 4:27am
Msg #304548

Pftt - you did this 2 mos ago? They probably ...

didn't tell you to get it witnessed because THEY didn't know or think about it - sent it to record and got it kicked back, and now are trying to lay it on you.

Agree with everyone else - at this point, there is nothing you can do. I will say it's kind of impressing in a twisted sort of way - I think the vast majority of title agents would've just 'witnessed' themselves ...