In Florida, MORTGAGES DO NOT NEED TO BE WITNESSED. DEEDS OF CONVEYANCE DO NEED TWO WITNESSES, one can be the notary.
Here are the appropriate sections of the statutes that address this.
Florida Statutes Chapter 695.03
Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.--To entitle any instrument concerning real property to be recorded, the execution must be acknowledged by the party executing it, proved by a subscribing witness to it, or legalized or authenticated by a civil-law notary or notary public who affixes her or his official seal, before the officers ...
However, the statutes do require two (2) witnesses for deeds that convey property
Florida Statutes Chapter 689.01 How real estate conveyed.--
No estate or interest of freehold, or for a term of more than 1 year, or any uncertain interest of, in or out of any messuages, lands, tenements or hereditaments shall be created, made, granted, transferred or released in any other manner than by instrument in writing, signed in the presence of two subscribing witnesses by the party creating, making, granting, conveying, transferring or releasing such estate, interest, or term of more than 1 year, or by the party's agent thereunto lawfully authorized, unless by will and testament, or other testamentary appointment, duly made according to law; and no estate or interest, either of freehold, or of term of more than 1 year, or any uncertain interest of, in, to or out of any messuages, lands, tenements or hereditaments, shall be assigned or surrendered unless it be by instrument signed in the presence of two subscribing witnesses by the party so assigning or surrendering, or by the party's agent thereunto lawfully authorized, or by the act and operation of law.
This is NOT notary law, but real estate law. Remember that many companies think that mortgages and deeds require two witnesses, even when that only applies to deeds that convey property. However, a lender and/or title company may still insist on two witnesses. In which case the borrowers will need to provide a disinterested third party as the first witness, and the notary can act as the second witness. When witnesses are used, be sure the witnesses legibly print their name beneath their signature or the instrument will not record. |
