Posted by pat/WA on 2/14/12 12:37pm
Msg #411719

witness states

Where can I find a list of witness states?
When signing a closing for a property in a witness state who provides the witnesses, the signing agent or the signing service?

Reply by Linda Juenger on 2/14/12 12:40pm
Msg #411720

Here is a list that I had copied off PAW's website. I assume it is still up to date.



* CT - 2 witnesses on both deeds of conveyance and security instruments, one may be the notary. (CT Gen. Stat. 47-5(a))

* FL - 2 witnesses on deeds of conveyance, one may be the notary. (F.S.A 695.03 & 689.01) - See notes below.

* GA - 2 witnesses on both deeds of conveyance and security instruments, one may be the notary. (GA Code - Title 44 ยง 44-14-33)

* LA - 2 witnesses on both deeds of conveyance and security instruments, CANNOT be the notary.

* SC - 2 witnesses on both deeds of conveyance and security instruments, one may be the notary.



NOTES:


* FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
NOTE: Dixie County requires two witnesses (one can be the notary) on Deeds and Mortgages. Per the Clerk of the Court, Dana Johnson.

* MI - No longer requires witnesses. MCLA 565.201 - Requirements for recording with register of deeds - amended April 1, 1997

* MN - Witnesses are not required on conveyances or mortgages executed in Minnesota. Minnesota Statute Section 386.39.

* NC - Witnesses are not required on conveyance documents (deeds) nor security instruments (DOT). HOWEVER, the notary may not act as a witness if witnesses are used or required on any document. (Source: NC SOS website FAQ item #13. Link information provide by Lynn Lowry)

* OH - On November 2, 2001, Governor Taft signed into law Substitute House Bill (Sub. H. B.) 279, which repealed part of Ohio Revised Code (O.R.C.) Section 5301.01 requiring two witnesses to attest, sign and subscribe their names to documentation associated with real estate transactions (i.e., deeds, leases, mortgages, land contracts).

* RI - Witnesses are not required on conveyance documents (deeds) nor mortgages. (RI Gen. Laws 34-11-1)

* TX - Witnesses are not required on conveyances or mortgages executed in Texas, unless the person signing does so by making a mark instead of signing. (TX Prop. Code 12.001)

* VT - Witnesses are no longer required. 27 V.S.A. 341 Amended 2004

* Lenders may require witnesses, even though there is no state requirement.

Reply by Linda_H/FL on 2/14/12 12:44pm
Msg #411721

IMO it's up to the signers to provide witnesses as

required - if they can't I'll help provide but there IS a witness fee. IMO the SS or TC would have no way of lining up witnesses.

As for requirements, I'd drop that ball in hiring party's lap - let them tell me what's required.

Reply by MW/VA on 2/14/12 1:48pm
Msg #411734

I don't ever provide the witnesses. I put that responsibility in the signer's court. Hopefully, we get advance notice of the requirement so they have time to make those arrangements.

Reply by CopperheadVA on 2/14/12 4:15pm
Msg #411755

I don't provide witnesses either - I insist that the borrowers secure their own witnesses. One time though, we did need a witness for an out-of-town borrower husband/wife who could not get their own witness, and the TC paid me an extra $50 to bring a witness. I brought my son (over age 18) and we signed that document first and then he left. I paid him the $50, but I ended up paying the taxes on it of course.