Posted by KARA/NJ on 6/10/11 6:00pm
Msg #385845

Question for Florida notaries

I'm scheduled to do a signing for a couple that reside and own their home in Florida but will be signing at their in laws home in NJ next week. My question is does Florida require witnesses for the mortgage/deed of trust? NJ does not require a witness. I don't want it to get kicked back.

Reply by Linda_H/FL on 6/10/11 6:03pm
Msg #385847

Depends on the county...

For the state at large - no, no witnesses required on a mortgage;

Unless the property is in Dixie County - Dixie County requires two witnesses.

I'd check with title and have them advise you - it's their job to check with the county where the recording will take place...

Reply by KARA/NJ on 6/10/11 6:08pm
Msg #385848

Re: Depends on the county...

Thanks Linda. I ask because I just did a signing in Atlantic City for a client that was on vacation. His home was in CT. Well, I received a call from title the following day saying that CT required two witnesses and the mortgage was kicked back. Totally not my fault-like I said before, NJ is not a witness state. I was never informed by title that we needed two witnesses.

Reply by Sylvia_FL on 6/10/11 6:13pm
Msg #385849

Re: Depends on the county...

Also, if it is in Dixie county and requires witnesses make sure witnesses print their names under their signature.

Reply by Linda_H/FL on 6/10/11 6:20pm
Msg #385850

Yep, 2 witnesses in CT..none here..

When I find out it's out of state property I always double-check with title for witness requirements AND ink color requirements. AND get it in writing.

Reply by KARA/NJ on 6/10/11 7:36pm
Msg #385853

Re: Yep, 2 witnesses in CT..none here..

Again thanks for all of your excellent tips. I haven't done too many out of state and never had a problem with it till this week.

Reply by FlaNotary2 on 6/12/11 4:40pm
Msg #386013

As far as Dixie County is concerned...

... I wouldn't worry about it, seeing as most Floridians don't even know there IS a Dixie County, Florida, let alone own property there

Seriously, my apartment complex has more people than Dixie County LOL

Reply by Linda_H/FL on 6/12/11 5:32pm
Msg #386015

Re: As far as Dixie County is concerned...

You can't NOT worry about it - Dixie County has implemented policies and they will reject a mortgage for recording if it does not contain the requisite number of witnesses.

Do I agree with this? No - it is in direct contradiction with FL statutes; however, they've done it and I, for one, wouldn't want to jeopardize a borrower's loan or a lender's lien position by "not worrying about it"...

Reply by jba/fl on 6/12/11 6:12pm
Msg #386018

Whoa, there partner......

Dixie county has about 25 people per square mile for a total of about 30,000 (latest census figs. not in - my guestimate). You must live in a H-U-G-E complex.

Gorgeous area - you must not have been playing there much. Broaden your horizons, son.

Reply by jba/fl on 6/12/11 7:45pm
Msg #386027

oops - corrections from the Census Lady, Linda H

Dixie county has, 2010 census, 16,422.
Still H-U-G-E apartment complex.

And their rules DO matter!