Posted by BobbiCT on 6/24/13 6:55am
Msg #474479

CT 2 witness requirement "stands pat"

CT has always had a 2 witness plus acknowledgement requirement for "conveyance of land" (deeds, including "mortgage deeds"). PA 1387 was signed by the Governor June 6. It confirms the 2 witness requirement, one of whom can be the notary public PLUS NEW mandates including the grantee's mailing address in the documents.

Just an FYI if you were following the movement to eliminate witnesses. The lenders and title insurance companies will take care of making certain their documents comply and there are no changes to existing witness/notary requirements.

Reply by Art_PA on 6/24/13 7:42am
Msg #474480

Some years ago, a Bankruptcy court, I believe in Ohio, set aside mortgages which were witnessed by witnesses who were not present at execution. Witnesses' signatures were probably added by title companies. The Trustee acted to void these "defective, fraudulent," mortgages by the testimony of the borrowers that the witnesses were not present.

Shortly after those cases, lenders removed witness lines from many mortgage documents, at least those in PA which has no witness requirement.

Reply by BobbiCT on 6/24/13 9:41am
Msg #474493

Art, which is why ..

CT brick-and-mortar, feet-on-the-ground attorneys and notaries were against removing the witness requirement .... and out-of-state lenders liked the idea.

Don't fix something that ain't broke and protects CT consumers.