Posted by PegiT_MN on 11/12/12 8:56am
Msg #443054
Florida Deed of Trust Question
Good Morning My Fellow Notaries:
I have a Florida investment property signing here in Minnesota this morning and I have totally forgotten how many witnesses I will need on the Mortgage/Deed of Trust and can I be one of them.
If memory serves me, I need two witnesses and I can be one of them. I don't remember though......it's been so long since I did a Florida signing. Do any of the other documents require a witness, or just the Mortgage/Deed of Trust.
Thank you so much for your help.
Peggy
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Reply by jojo_MN on 11/12/12 9:07am
Msg #443056
You are correct. I've done many of them in the past. That is, of course, unless the rules were changed in the last three months.
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Reply by Teresa/FL on 11/12/12 9:16am
Msg #443063
Florida Mortgages do not need witnesses, unless
the property is in Suwanee or Dixie county.
Deeds conveying property ownership (Quit Claim, Warranty, etc.) need two witnesses and the notary can be one of the witnesses.
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Reply by jojo_MN on 11/12/12 9:31am
Msg #443067
Re: Florida Mortgages do not need witnesses, unless
As always, the best thing to do is ask the hiring party. None of the signings I did were for either one of those counties. I've done around 20-30 over the years and the last couple times I was told that you only need a second witness if there is a transfer of property. Other title companies were just requiring to do it on any Florida property regardless if it was a refinance or transfer of title. Very similar for the the states in which I am commissioned. None of them require witnesses; however, there are a few companies that require me to sign as a witness also even though not required by state. I just comply because I am only notarizing the borrower/seller signature, not that of the witness.
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Reply by Teresa/FL on 11/12/12 11:12am
Msg #443083
Your hiring party can request witnesses even if not required
by the county recorder.
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Reply by PegiT_MN on 11/12/12 12:01pm
Msg #443092
Thank You Everyone For Your Responses.
I called the hiring party as you suggested.......no witnesses needed.....who knew. Thank you again for your help though.
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