Posted by Saul Leibowitz on 3/14/12 7:49pm
Msg #414935

Florida question

I recall a prior discussion about the need for witnesses on Mortgages/Deeds of Trust in Florida. Is it correct that only 2 counties continue to require this and, if so, which counties? I have a closing coming up on Friday for a second home and don't yet know the county.
Also, I recall that I can be both Notary and Witness [since I am not notarizing the witnesses' signatures, just the borrower's]; can a spouse not on the documents be the second witness?
Thanks, I know our regular Florida contributors can aid me quickly.

Reply by jba/fl on 3/14/12 8:05pm
Msg #414937

For the mortgage, you do not need a witness except in Dixie County and perhaps in another, I think Suwannee. Linda H will know and she may post soon or in the morning. You can be a witness, they should provide the 2nd witness, if they are needed. Even though a second home is along the lines of an investment property, she still has an interest. I would not use any relative as a witness.

Reply by MW/VA on 3/14/12 8:14pm
Msg #414939

I do wish the tc's would understand the requirements. They usually have a witness requirement for any mortgages in FL. It can be a PIA. I thought PAW said it was required only on "deeds of conveyance", meaning a sale or change in vesting.
I hope LindaH can clarify. :-)

Reply by Carolyn Breckenridge on 3/14/12 8:28pm
Msg #414941

I don't think it is the title companies that are requiring it. I think that is the underwriter's requirement. With all the mortgage fraud they have bypassed what is required by statue and put this requirement in their quidelines. IMO

Reply by Linda_H/FL on 3/14/12 8:15pm
Msg #414940

Re: Florida question...yes, Julie's right

Dixie County and Suwannee County (that *I* know of) - there may be another one or two - not sure.

I agree with her about the witnesses too.

Reply by Linda_H/FL on 3/14/12 8:34pm
Msg #414943

Well that sounded dumb...let me clarify..LOL

I agree with her about using the wife as a witness...

Reply by Saul Leibowitz on 3/14/12 8:55pm
Msg #414951

Re: Well that sounded dumb...let me clarify..LOL

Wasn't dumb; I understood completely; and, to all of you, many thanks.

Reply by FlaNotary2 on 3/14/12 9:18pm
Msg #414953

Dixie and Suwannee Counties require witnesses, although you

have very little likelihood of getting a signing for one of these counties... their two populations combined constitute less than 3% of Florida's population.

Reply by FlaNotary2 on 3/14/12 9:18pm
Msg #414954

Also these county clerks have no legal basis for requiring

witnesses.

Reply by FlaNotary2 on 3/15/12 11:01am
Msg #415004

Sorry, not 3%. That is 0.03%. n/m