Posted by A S Johnson on 3/30/13 9:43am
Msg #463766

Help needed

Meeting with people here in Texas this AM. Of course it is a Easter holiday, no one seems to be at the title company to answer the phones, to answer this question.
It involves an investment property the is a vineyard being handled as a IRS 1031 transaction, do I need a witness for the Deed?
Thank you for your help.

Reply by Les_CO on 3/30/13 10:27am
Msg #463770

Where is the property? Laws governing real estate transactions, and recording, are not necessarily ‘notarial laws’. As far as I know (and depending on the particular requirements of the title company/lender) Texas does not legally require a witness. (Witness States being CT, FL, GA, LA, SC)

Reply by Linda_H/FL on 3/30/13 10:44am
Msg #463774

Now see? Careful painting with a broad brush

Florida is not a witnes state for mortgages (except for a few certain counties)...only deeds of conveyance require witnesses here.

Reply by Les_CO on 3/30/13 11:30am
Msg #463779

Re: Now see? Careful painting with a broad brush

Sort of got that Linda. A. S. mentioned “deed” didn’t say what kind. Although 1031 is an ”exchange” I believe usually some kinds of deeds of conveyance are involved.

Reply by jba/fl on 3/30/13 12:16pm
Msg #463780

Re: Now see? Careful painting with a broad brush

My thoughts as well upon second reading. So I said nothing though was tempted on first reading.

Reply by Yoli/CA on 3/30/13 2:39pm
Msg #463797

Re: Now see? Careful painting with a broad brush

So, I have question on this. Just curious.

OP asked if witness required. If notary cannot locate someone at hiring party or lender for guidance and definite answer on this and responses from other notaries are so varied that it's difficult to determine which is correct, is it okay to have witness - just in case? Will doc still record if witness is not required?

Is this a case of "when in doubt, leave it out" OR "better more than not enough"?

TIA!

Reply by Les_CO on 3/30/13 4:28pm
Msg #463803

Re: Now see? Careful painting with a broad brush

I'd "leave it out." I know there are certain counties that may have their own rules, but it’s pretty common knowledge what States require witnesses. If it’s some unique requirement of the Title Company, or lender if there’s one involved, but with no exact written instructions, I’d just go get the stuff signed, and notarize as usual. If someone doesn’t like it then they can fix it however they want. JMO

Reply by Saul Leibowitz on 3/30/13 2:22pm
Msg #463794

You only need a witness for a deed if the local law [law of the place where the property being deeded out is located] requires it. Otherwise, no. Once long ago we did a tax free exchanging a property in Chicago for a property in Honolulu and ending with the property my clients really wanted which was a 12-flat in Chicago. The rest just accommodated the other various parties and their interests.