Posted by Ilene C. Seidel on 2/15/11 7:37am
Msg #372798

Acknowledging a witness

I had a general notary job in Florida last week, no instructions but to acknowledge the signer. I didn't look at the other acknowledgements since (I thought) they didn't apply to me. Then I get a phone call I was supposed to acknowledge the witnesses too. Has anyone had this request? In my 20 years I've never heard of notarizing a witness signature.

Reply by James Dawson on 2/15/11 7:45am
Msg #372799

Some states are "witness" states some aren't, no never heard of your scenario before.

Reply by Linda_H/FL on 2/15/11 7:50am
Msg #372802

Re: Acknowledging a witness...was it a will? n/m

Reply by Ilene C. Seidel on 2/15/11 10:50am
Msg #372826

Re: Acknowledging a witness...was it a will?

no a deed transferring property

Reply by CopperheadVA on 2/15/11 8:02am
Msg #372805

I've only seen that on the self-proving affidavit that usually accompany wills here in VA. But on that document, the witnesses signatures are usually notarized within the same notarial statement as that of the will-signer.

Reply by PAW on 2/15/11 8:36am
Msg #372806

What type of instrument?

As discussed already, SP Wills often require sworn statements of the witnesses and often an attestation by them as well as the testator. There are other instruments that require the witnesses signature to be acknowledged depending on the purpose and drafter of the instrument. (Advanced healthcare directives comes to mind.)

Reply by FlaNotary2 on 2/15/11 8:47am
Msg #372812

The only document I know of that requires this is the

self-prooving affidavit used on wills, which requires the acknowledgment of the testator, and the oaths of the witnesses.

However, I have come across documents that were drafted to include the acknowledgment or oath of the witnessses, even though it isn't required (deeds, marital settlement agreements, POAs, etc.). Obviously, this disqualifies the notary from also acting as a witness. Pain in the butt? Sure. But there isn't really any harm in it. If it asks for the witness signatures to be notarized, I'll go ahead and do that.

Reply by Linda_H/FL on 2/15/11 9:02am
Msg #372815

May not be a Florida-specific form

It's possible the document drafter requires the additional acknowledgements...

Reply by Ilene C. Seidel on 2/15/11 10:51am
Msg #372827

Re: May not be a Florida-specific form

Linda I don't think the company that drafted the document knew what they were doing.

Reply by Linda_H/FL on 2/15/11 11:00am
Msg #372831

I think I agree with you Ilene...

Deeds of conveyance in FL require two witnesses (notary can be one) - does not require that witnesses' signatures be notarized, at least not that I'm aware of - unless, as I said, it's the drafter's requirement/request.

Reply by Ilene C. Seidel on 2/15/11 11:07am
Msg #372833

Re: I think I agree with you Ilene...

Thanks Linda

Reply by PAW on 2/15/11 12:31pm
Msg #372843

Maybe commercial property?

On all commercial property transfers that I handled back when I was brokering small commercial loans, the deed and mortgage required all parties, including the witnesses, signatures to be acknowledged. This was the lender's decision (required by the underwriters), not a state requirement. So there ended up being 5 signatures minimum on every deed and mortgage: grantor, grantee, two witnesses and the notary.

Reply by Linda_H/FL on 2/15/11 12:33pm
Msg #372844

Re: Maybe commercial property?

Back in the old days, huh Paul??...<<ducks and runs>>...

Reply by PAW on 2/15/11 12:54pm
Msg #372849

Yup!

Back in the "good ol' days" when you could actually make a living brokering and closing loans.

You may run, but you can't hide ... If it looks like a duck, quacks like a duck ...

Reply by Les_CO on 2/15/11 9:00am
Msg #372814

Yes, I have, on wills. n/m

Reply by BobbiCT on 2/15/11 11:18am
Msg #372835

The better questions ...

1. Did the company put in their Written instructions that you were to identify and take the acknowledgment of witnesses that they "watched" or they "signed as witnesses"?

2. Did the company provide a notarization block for a "witnessess signature acknowledgment"?

If they didn't do at least #2, then I feel it is their problem for not providing the notarization block that the recipient wanted for witness acknowlegements. They should pay you to go out for the re-sign ... since the signer will also have to re-sign in front of the witnesses.

I never heard of or saw a witness notarization acknowledgment block on any deed.