Posted by TinaCA on 4/23/12 7:54pm
Msg #418671

Witnesses needed

I know this has been posted before, but I need some clarification on this. I am a notary in CT, but the closing documents were for an out of state property, VT. I was told by a few very knowledgeable notories that since the property is in CT, I should have two witnesses. The title company informed the borrower I did not need the witness. Please advise

Reply by TinaCA on 4/23/12 7:58pm
Msg #418672

I meant to clarify since I was notorizing in CT, I need two witnesses.

Reply by Barb25 on 4/23/12 8:11pm
Msg #418674

You are saying two different things above. Closing docs were for out of state proprty VT.... and then you say Property is in CT.... Which is it? If property is in CT, you need witnesses... If in VT, no Witnesses.

Reply by Linda_H/FL on 4/23/12 8:31pm
Msg #418680

Witness requirement follow laws of state where

property is located - notarizations follow laws of state where signing/closing is occuring.

In your case, you need title to tell you whether or not witness are required for this property in VT. The *signing* location has no bearing on witness requirements.

Good Luck.

Reply by BobbiCT on 4/24/12 8:18am
Msg #418718

Do you always need witnesses in CT?

" ... closing documents for an out of state property, VT ... a few very knowledgeable notaries that since the property is in CT ..."

If you are a non-attorney notary public, you should defer to the Title Insurance Company's instructions; not the CT Secretary of State's paralegals or notaries. Why: Real estate law re witness and notarization requirements (whether jurat or acknowlegment or some "substantially similar" form) when transferring title to real property is the realm of attorney opinion.

My PERSONAL opinion: Unless you KNOW and have the written LAW to back it up, defer to the title insurance company attorney requirements. If the title insurance company is wrong, that is the insurance company that has to "clear title" or pay out to injured parties. If the lender gives bad instructions, at least you, the non-attorney, did what you were instructed to do.

In short: CT real property documents intended to transfer title to real property EXECUTED in CT, require acknowledgment by a notary/attorney/judge and two witnesses, one of whom MAY be the notary (in CGS, which is public). CT real property documents executed OUTSIDE CT, another set of rules MAY apply - depending on attorney responsible for documents.

Real propety documents intended to transfer title to real property located in another state being executed IN CT, depends on what the attorney responsible for the documents decides (bits and pieces to find this info in CGS).

Validity of real property documents is neatly and consisely covered in the Connecticut Bar Association Standards of Title. CT attorneys have these Standards, title insurance companies with offices in CT have these standards; they can be purchased, but as a non-attorney notary public why bother when the decision as to what applies falls under "legal opinion."

Reply by Patricia/VT on 4/24/12 9:14am
Msg #418724

When I moved to Vermont in 2004, Vermont required two witnesses on a mortgage. Subsequently, only one was required, and in July, 2004, the legislature deleted the witness requirement entirely. My source is Vermont statutes on line and Kathy Watters, in the VT SOS office.