Posted by Dennis_IN on 9/11/10 12:47pm
Msg #352314

FL property closing in IN

I tried to search but could not find out requirements for getting a FL Mtg (DOT) signed. I think I remember a post saying the a FL Mtg has to be witnessed. Is this a requirement? If so can I be one (as long as I don't have to Notarize the witness sig.)?

Reply by Linda_H/FL on 9/11/10 12:52pm
Msg #352316

By law, no witnesses are required on a FL

mortgage - only deeds of conveyance; however, Dixie County requires two witnesses on a mortgage.

Reply by jba/fl on 9/11/10 12:54pm
Msg #352317

And the notary may be a witness if needed. n/m

Reply by Dennis_IN on 9/11/10 1:02pm
Msg #352321

Thank you. n/m

Reply by FlaNotary2 on 9/11/10 2:11pm
Msg #352324

Where do you see that Dixie Co. Requires witnesses?

Their website says nothing about it, and I don't see how a county clerk, especially a little tiny county like Dixie, can trump state statutes.

Reply by Linda_H/FL on 9/11/10 2:21pm
Msg #352325

First hand experience....they do..

and I believe Paul has it on his website, which he's confirmed with them. Per his website, in the notes section:

"Dixie County requires two witnesses (one can be the notary) on Deeds and Mortgages.
Per the Clerk of the Court, Dana Johnson"

Unless they've changed it since it happened to me but what a headache. I went round and round with them that state law is clear that no witnesses are required AND faxed the pertinent statute to them - they insisted on witnesses.

And yes, a county CAN institute their own requirements. Welcome to Florida.

Reply by Linda_H/FL on 9/11/10 1:10pm
Msg #352322

Should add here...keeping in mind you should check

with your hiring party and make sure there aren't lender-specific witness requirements to be considered.

Good Luck

Reply by Dennis_IN on 9/11/10 9:31pm
Msg #352348

I was going to ask if there are any special requirements n/m

Reply by MW/VA on 9/12/10 9:03pm
Msg #352417

Be sure to check with them. They sometimes want witness

signatures. The notary can be one.