Posted by sigtogo/OR on 1/10/13 10:42am
Msg #449770

SS says I can be a witness and notarize the mortgage-do you?

our SOS says its not illegal but they don't suggest as it make me an interested party. what do you do?

Reply by ReneeK_MI on 1/10/13 10:57am
Msg #449773

Whomever you spoke to at SOS ...

I hope was an actual attorney, qualified to be making such a legal determination as to how witnessing a signature on a document you don't even need to read makes you an interested party. Were that truly the case (and I make no determination, just question) who in their right mind would EVER witness a signature?

Reply by VT_Syrup on 1/10/13 10:59am
Msg #449774

I believe I could achieve exactly the same effect as signing the witness by modifying my acknowledgement to say:

On this 16th day of October, 1793, before me personally appeared Marie Marie Antoinette,
to me know to be the person who executed the foregoing instrument IN MY PRESENCE and she thereupon duly acknowledged to me that she executed the same to be her free act and deed.

But I don't think anybody except notaries actually reads the wording of the acknowledgement certificate; most people, at most, look for signer's name, date, and notary's signature. So no one would even notice that I witnessed the signing.

Reply by Linda_H/FL on 1/10/13 10:59am
Msg #449775

Yes - we can do it in FL - and why not?

Signing as a witness says you saw them sign - that's it - it does NOT make you an interested party...

If being a witness makes you an interested party - what does notarizing it do for you in OR when a fee is incurred? If that SOS statement were true, you wouldn't be able to notarize it either.

JMHO

Reply by Jim/AL on 1/10/13 11:48am
Msg #449778

Totally agree with Linda. I saw them sign is all u r saying

Were does anyone think you could be responsible...u do not need to know what is being signed, just that the person signing signed in front of u.

Reply by Lisa Cirillo on 1/10/13 12:10pm
Msg #449783

Re: Totally agree with Linda. I saw them sign is all u r saying

I've witnessed and notarized their signature. As stated, witnessing means you saw them sign it. I don't do it often, only when there is a signature line for a witness.

Reply by MW/VA on 1/10/13 3:29pm
Msg #449831

Yes, we can do both for those FL witness requirements. n/m

Reply by Shoshana/AZ on 1/10/13 1:34pm
Msg #449797

Not allowed in AZ. n/m

Reply by parkerc/ME on 1/10/13 9:20pm
Msg #449874

Not allowed in ME either. n/m

Reply by leeinla on 1/11/13 1:23am
Msg #449890

I believe we can witness in CA. My reasoning is that the 2013 handbook does not prohibit it.

I could be wrong. I am human.

Reply by BossLadyMD on 1/11/13 4:10pm
Msg #450011

Not REQUIRED in MD, but oddly there is a line for it n/m