Posted by Melissa Stroh on 4/8/13 3:28pm
Msg #464963

2 witnesses on FL investment refi...

I am signing a refiof an investment property in FL and the Mortgage has 2 signature lines for witnesses. Do I need to tell the borrowers to have 2 witnesses there? It's Miami-Dade County FL

Reply by Linda_H/FL on 4/8/13 3:31pm
Msg #464964

Having your hiring party check it out for you

By Florida law, witnesses are not required on mortgages - only deeds of conveyance; however, a select few counties have imposed their own witness requirements. I'd have the hiring party advise me on this...let them do the legwork and take responsibility for how it's done.

Also, here in FL we notaries can also act as witnesses. If it's okay with your SOS then you'll only need one extra witness as you can sign as one.

Reply by Natacha Joseph on 4/8/13 5:17pm
Msg #464977

Yes, precisely what Linda said...some of the counties have different requirements. Even if I knew which ones they were, I’d still want to cover my end

I’ve closed a fair amount of FL investment property files here in New York. For the most part I am allowed to serve as one of the witnesses. Typically the other witness, I am told, cannot be a relative. I seem to remember there was a file I closed where I could not serve as a witness (I was told). This past Friday I closed one where the borrower’s son was allowed to witness the deed. Lots to keep up with…that’s where advisement by the hiring party comes in…

Reply by Luckydog on 4/9/13 1:43pm
Msg #465073

I worked in Osceola and Palm Beach Counties, and although not legally necessary, they prefer you to have an additional witness besides yourself if the lines are there. Just tell the buyers to have one over 18, preferably unrelated, can be a neighbor, whoever to witness. You , as the notary can be one witness in FL