Posted by snoopdogMs on 12/12/12 4:43pm
Msg #446333
Title company called and insisted that I notarize an ID Aff.
that had no signatures from a closing I did on Monday evening. All the wording was 3 paragraphs that I certified the ID's and also the witness that was necessary for the FL. mortgage. I kept telling her that I cannot place my seal without someone other than myself signing this document. We went back and forth me saying why I can't and she saying that I don't understand why I must. I tried to explain my role as a notary. She finally got irritated, got quiet and then just said OK mam, have a good day. I sent her a page out of my state laws and then sent the 2 pages without my seal.
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Reply by snoopdogMs on 12/12/12 4:52pm
Msg #446334
Also, is it our job to provide the witness when a state
needs one on the mortgage? I cannot be a witness if I notarize.
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Reply by Linda_H/FL on 12/12/12 4:58pm
Msg #446337
I tell borrowers that they need to provide another
witness (I *can* be one here) - if two other than notary are required then it's up to them to arrange for the witnesses.
Many times borrowers don't know anyone, especially around here - huge parcels and no one knows their neighbors. In that case I let hiring party know of the problem and I offer my husband as a witness for a fee - once hiring party okays it I get permission of the borrowers that I'll be bringing him along.
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Reply by snoopdogMs on 12/12/12 5:18pm
Msg #446339
I was not told this was a refi split closing, investment
property in FL.with no RTC. I took the assignment 5 hours before the closing and did not know about a need for a witness until I received the documents shortly before the closing. Also it was a 5:30 closing with a bomb dropped that these documents must go out tonight. As a courtesy so as to not put the borrower in a bind, I took a witness with the permission of the title co.. He had not been here long in MS. and probably would not have had a witness so last minute. His wife was in FL.
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Reply by CarolF/NC on 12/12/12 5:38pm
Msg #446341
How do you know which states require a witness
Many times docs say witness if needed. Do the specific instructions tell you if one is needed? Or is there a list of states somewhere that you can use for reference.
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Reply by snoopdogMs on 12/12/12 5:46pm
Msg #446342
There was a 1 page instruction sheet that said make
sure the mortgage had a witness. My closing would need one witness and the second half would provide their witness.
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Reply by Linda_H/FL on 12/12/12 6:30pm
Msg #446344
Carol, I know the requirements for my own state
I also did real estate closings as a paralegal in Connecticut for 25 years - I know CT requirements...
When I see the closing I'm doing is an out of state property (and one of the questions I ask when accepting the assignment is if it's Florida property or not) then I ask hiring party to provide me with witness requirements for that state.
You can google "state witness requirements" or some such wording and find an answer. However, be careful what you rely on. Your best bet is to let your hiring party tell you the out-of-state witness requirements. It's nice to show you know...but if you get it wrong you're on the hook.
JMO
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