Posted by kcg on 12/22/13 1:44pm
Msg #496903

GA Notaries...Question

I am handling a GA refinance in IN tomorrow. I see on the mortgage and other docs signature lines for Unofficial Witness (2). We will have an attorney on the phone during the process but my question is will the borrower have to have 2 witnesses for these docs? His mom will be there and I suppose she can be one but can I be the other - asking because they are saying "Unofficial Witness"?

TIA

Reply by Philip Johnson on 12/22/13 1:48pm
Msg #496904

Not in GA., but I lived in Ft. Oglethorpe in the 90's

I would call the folks who hired you first thing Monday and ask them. Haphazard guesses on a website may not serve you nor the borrower well at the end of the day.

Reply by kcg on 12/22/13 1:56pm
Msg #496905

Re: Not in GA., but I lived in Ft. Oglethorpe in the 90

Good advice..taken. I just thought if he would need to have 2 witnesses present, I'd give him a heads up today so he can line someone up. He doesn't live here and I'm not sure what it's going to take for him to get another witness.

Thanks

Reply by Linda_H/FL on 12/22/13 2:05pm
Msg #496907

First question...are you authorized to be a witness

under your notary laws? (we are here....can you do that in Indiana?)

Second - if it were me and to settle it, I'd have them have 2 witnesses there - get the bases covered and be done with it.

I think someone asked the same thing here a little bit ago - don't recall what the final decision was though - might want to do a quick search.

JMO

Reply by kcg on 12/22/13 2:18pm
Msg #496908

Re: First question...are you authorized to be a witness

I guess what is throwing me is the term "unofficial witness"...does that mean a notary who would be an official witness can or cannot sign it. But I did just call him and told him I'd check in the morning but just in case he should have someone in the wings if he does indeed need another witness.

Indiana notary laws cover about half a page.....

Thanks

Reply by Linda_H/FL on 12/22/13 4:36pm
Msg #496913

lol kcg. :)

"Indiana notary laws cover about half a page....."

Sometimes this is governed by not only the notary laws but the standards of title where the property is located and where the security instrument will be recorded. If it's okay in Indiana for you to do it, check with the GA attorney to make sure their recording requirements don't say "2 witnesses and notarized (notary may not be a witness".

Good luck

Reply by Sylvia_FL on 12/22/13 5:56pm
Msg #496916

As a notary you would be the "official" witness. GA requires two witnesses and one may be the notary.

O.C.G.A. 44-14-33 (2010)
44-14-33. Attestation or acknowledgment of mortgage; additional witness in case of land; constructive notice


In order to admit a mortgage to record, it must be attested by or acknowledged before an officer as prescribed for the attestation or acknowledgment of deeds of bargain and sale; and, in the case of real property, a mortgage must also be attested or acknowledged by one additional witness.