Posted by Linda Juenger on 9/24/11 2:11pm
Msg #398503

Question on Witness on SC property

I have a signing tonight at 7pm (yes Sat night ugh). Instructions say a witness is required for mortgage. Borrower told me his daughter will be the witness. She is 18. He was told that this is ok so I am going with it. With IL not being a witness state, I am not very familiar with witnesses being present. I guess my thoughts on this are that witnesses should be someone who does Not have a financial interest and obviously the daughter does. Like I said, I'm going with it because that is what the borrower was told. Thoughts??

There will also be an attorney on the phone with us. I've had that before.

Reply by Linda_H/FL on 9/24/11 2:13pm
Msg #398504

I've always asked that they get someone who does

not live in the household, if at all possible.

Reply by Linda Juenger on 9/24/11 2:30pm
Msg #398508

Re: I've always asked that they get someone who does

Linda, I don't have any idea if the daughter lives in the household, didn't ask that. Even if she didn't, she still would have a financial interest in the property in the future is what my thought was. I'm just going to do what the borrower said he was told is ok. Thanks

Reply by bagger on 9/24/11 2:22pm
Msg #398506

I always thought that a witness, like a notary was to be a "dis-interested" third party.
I don't think a daughter fits that description when it comes to property that she may inherit.
But, I am not a lawyer.

Reply by Les_CO on 9/24/11 2:30pm
Msg #398509


Two witnesses required in SC.
I’d let the supervising attorney decide. (but it may be helpful to know BEFORE the signing)

Reply by Linda Juenger on 9/24/11 2:32pm
Msg #398510

My instructions say this " a witness must be present to sign the mortgage". That's it. I take that as 1. Borrower was aware of this when I brought it up and he told me they said his daughter could be it as long as she is over 18, which she is.

Reply by Les_CO on 9/24/11 2:39pm
Msg #398514

Re:Unless they changed the law recently Two witnesses n/m

Reply by Les_CO on 9/24/11 2:37pm
Msg #398512

Re: Question on Witness on SC property/ PS

I don’t want to go into a lot of detail on this (not a lawyer) but some documents in SC require that the witness’s signature be notarized. So they better have ID and if you plan on being one of the witnesses, you of course can’t notarize your own signature. I’d look at the docs ’closely’ and call the lawyer with your questions. JMO

Reply by Buddy Young on 9/24/11 2:34pm
Msg #398511

Linda,
You will have an attorney on the phone, ask him or her. Their advise will take you off the hook.

Reply by Linda Juenger on 9/24/11 3:16pm
Msg #398520

From what I am reading on PAW's site (God rest his soul)

2 witnesses are needed but one may be the notary.

Reply by Les_CO on 9/24/11 3:44pm
Msg #398526

PAW's site (God rest his soul)/ Correct! n/m

Reply by MW/VA on 9/24/11 4:15pm
Msg #398539

I agree with Buddy here. SC is atty. only & one has to be

on the phone. My experience was that it was just a formality, but it is required.

Reply by Les_CO on 9/24/11 5:12pm
Msg #398553

Buddy…. What happens if she gets to the signing, and speaks with the attorney and he says in SC some documents require two witnesses, one of which can be the notary. These witnesses must be of legal age, coherent, impartial, and not a party to the transaction, you must also notarize the signature of witness #1. Let’s suppose from the little info we know that the daughter is a party to the transaction, or that she does not have a photo ID, or that she’s on crack. What does the notary do but go home. Sometimes it’s better to take care of these things in advance so things go smoothly. Or one can just say: “Ain’t my job bro!” One of the nice things about this board is members actually try and help one another solve problems before they become problems. That’s why we get the big bucks! JMO

Reply by Buddy Young on 9/24/11 5:17pm
Msg #398554

Re: Good point, Les. I'll go along with that.

It is a good idea to avoid potential problems ahead of time.
I just figured a lawyer should know the law and be able to advise properly. If a lawyer can't do that show can?

Reply by Buddy Young on 9/24/11 5:24pm
Msg #398555

Re:Who, spelling n/m

Reply by Les_CO on 9/24/11 5:35pm
Msg #398557

Re: Re:Who, spelling

I sort of mentioned that 10 posts above.

Reply by LKT/CA on 9/25/11 2:16pm
Msg #398619

Witnesses should ALWAYS be......

....disinterested, neutral, third parties. In other words, witnesses should NEVER be related to the principal by blood (DNA), marriage or adoption. Witnesses are not the same as *credible* witnesses, in that they do not have to be known by the principal. Neighbors are good candidates to be witnesses.

<<<Borrower told me his daughter will be the witness. She is 18. He was told that this is ok so I am going with it.>>>

I notarize for an estate planning attorney. Borrower was given BAD advice. Notaries shouldn't operate on BAD advice.

Reply by Les_CO on 9/25/11 4:25pm
Msg #398625

Re: Witnesses should ALWAYS be......

I agree…but then, she the notary, and the borrower were operating under the advisement, and supervision of a SC attorney..so she may be off the hook?