Posted by lucky/ca on 3/21/13 11:46am
Msg #462332

Witness on note for a Massachusetts property? Plus TIL ques

I am being sent for a third appointment for a couple signing documents for a MASS. property. First time was because I was told the non-borrowing spouse should sign a TIL even if there name is not printed on the signature page next to where the husband's name is printed.

Today is the third appointment because I was told they need a witness for the note for the MASS. property. I don't think I have ever seen this before after 3000 loan signings.

In California can I, as the notary be the witness on the note? It isn't a document that I am notarizing.

Thank you for you assistance.

Reply by Marian_in_CA on 3/21/13 11:47am
Msg #462333

If you aren't notarizing the document, you can serve as a witness. I do it for wills on estate packages all the time.

Reply by SReis on 3/21/13 1:20pm
Msg #462344

NOT req under MA law but some lenders still req the witness

Also non-borrower spouse is NO Longer required to sign spousal docs in law because our homestead law recently changed as well but some lenders are still unaware of this change too. Just curious, did you have a MA atty on the phone helping? Because that IS usually required on all MA properties.

Reply by lucky/ca on 3/22/13 12:40am
Msg #462502

Re: NOT req under MA law but some lenders still req the witness

No we didn't have a MA attorney on the phone helping. I think I remember something like that years ago but I received this loan signing from a signing service and just followed what instructions I was given.

Thank you for your input.