Posted by Brenda/FL on 12/12/13 6:56am
Msg #495862

HELP please..Refi signing in FL for a GA property!

I have a Refi today in Florida for a GA property. I researched the Cherokee County, GA Land Records and Deed Directory and I am still confused.

I have a Security Deed, Supplement to Security Deed (Notarize or just witness?), Closing Attorney's Affidavit (Notarize or just witness?) and on the same page is the Foreclosure Closing Disclosure.

The documents I found recorded varied, some signed, some Notarized. Any advice would be greatly appreciated. My appointment is at 1:00 PM.

Thank you!

Reply by Larry/IL on 12/12/13 7:01am
Msg #495863

I would call the hiring party. n/m

Reply by Donna McDaniel on 12/12/13 7:02am
Msg #495864

Since Georgia is an attorney state, I would ask the attorney assigned to the closing. Did the hiring party give you a phone number to contact him/her before signing?

Reply by Linda_H/FL on 12/12/13 7:04am
Msg #495865

I would think reviewing the documents would tell you what you need to do. I'm not quite clear why you looked in the land records for answers to your questions. As for Closing Attorney Affidavit - that speaks for itself - it's not something you can sign. This is probably there because GA is an attorney only state - and that said you may need to have an attorney on the phone (although their statute is clear that telephone presence is not sufficient to satisfy this requirement).

If the documents you have don't have any notarial wording on them, call hiring party for clarification. I know you've done signings so I would just let hiring party know that these documents are far different from anything you've seen and, since it's an out-of-state property you need clarification. Also, don't forget to ask about witness requirements - you may need to line up a second witness, or possibly 2 if GA does not allow the notary to be one.

Good Luck.

Reply by Brenda/FL on 12/12/13 7:30am
Msg #495866

I will have an attorney on the phone when we start and I am to call him when completed but I wanted to be prepared.

The Closing Attorney's Affidavit has "Sworn to and subscribed before me on the date set forth above" and has a signature line with Notary Public under it. Maybe that will be signed by the Attorney and a Notary when the package is returned. The Security Deed is the only doc with notarial wording so my thinking is to make it FL compliant and Notarize.

I will call hiring party, thank you all for your replies.

Reply by Lavergne Manuel on 12/12/13 10:24am
Msg #495891

I am in Alabama and I have done several signing when the property was in Georgia. Title has always told me when they called to see if I could do it that it was a property in GA and I would have to call the Attorney listed on the confirmation for instructions. I have always called the Attorney and about the only instructions given me was "Call me when you finish." Most of the time when I call after finishing the signing, I cannot get anyone. So I call Title and tell them that and Title has always said, "Don't worry about it, we've done business before with them and we will send him an email." And that has been the end of that. All of the GA properties I have done have been through Servicelink. So I don't know how someone else would handle this.

Reply by Frenchie/TN on 12/12/13 1:06pm
Msg #495912

I've done GA closings. I go through the package make notes of what I have questions about, if any, then I ask the Georgia Attorney that has to be called prior to starting and they are always more than happy to explain anything.

Reply by Brenda/FL on 12/12/13 7:15pm
Msg #495943

Thank you all for your replies. I had a few questions for the attorney when I called in and he said he wasn't sure, he would have to look at the document, great. He also said that a Notary cannot be a witness, which I am pretty sure is incorrect, and he said to call him when we were finished which I did and I had to leave a message..surprise!

I called the Title Company and they were no help so, I hope I got it right!! I am sure I will know tomorrow.

Thanks again to all who took the time to reply.

Reply by Linda_H/FL on 12/12/13 7:32pm
Msg #495944

"Notary cannot be a witness"

He could be absolutely right - even though we're allowed under notary law to act as a witness too, the document is recording in GA - the recording requirements may prohibit it.

Reply by Brenda/FL on 12/12/13 8:23pm
Msg #495947

Re: "Notary cannot be a witness"

The Title Company said yes, the Notary can be a witness and they would contact the attorney to let him know for future reference. So, who is right? I found this when searching

Georgia - 2 witnesses, and one MUST be the notary

Good grief...

Reply by Matt_VA on 12/12/13 2:07pm
Msg #495916

Yes the Atty aff will be signed by the Atty not you, but just ask the atty in Ga to be sure.