Posted by Patrick Notary Service on 3/23/12 1:06pm
Msg #415820

Witnessess on Deed of Trust

Ok, I see where postings show only ONE witness is needed on a DOT in Florida. If that's the case will someone please explain why Florida Statue 695.26 says that no [mortgage] may be recorded without the signatures of TWO witnessess?

Reply by FlaNotary2 on 3/23/12 1:17pm
Msg #415822

That statute says instruments of *CONVEYANCE* must have

witnesses... Yes, a DOT (DEED of Trust) might be considered a conveyance but I have never even seen one in Florida. We use mortgages, and mortgages are no convenyances. A mortgage is not a deed, its basically a lien against property.

Under the statute no witnesses are needed on mortgages. However, Suwannee and Dixie counties require two witnesses.

Reply by desktopfull on 3/23/12 2:04pm
Msg #415837

Re: That statute says instruments of *CONVEYANCE* must have

"Under the statute no witnesses are needed on mortgages. However, Suwannee and Dixie counties require two witnesses."

That's the case for refi's, but on original purchase you still need 2 witnesses and one can be the notary.