The state statutes do not require witnesses on Mortgages, however some lenders or TCs request them and there is a handful of mostly rural counties that expect witness signatures especially when the document has preprinted witness lines. My policy is to confirm what is expected by asking my hiring party if they want the Mortgage to be witnessed, even though not required by state statute.
Florida does require Deeds of conveyance to be witnessed. This a recording requirement for Florida property and applies even when the Deed is signed in another state.
A Florida notary can be a witness as well as notarize the same document. They would sign the witness line and print their name (and address if it is a Deed) and then sign on the notary line, print their name below, and affix their notary seal. If the witness signatures are being notarized, the notary cannot sign as a witness since they cannot notarize their own signature.
I have notarized Mortgages for GA and LA property that require witnesses and have been told it must be someone other than the notary who signs as a witness. I never assume I can witness if the property is in a state other than Florida, I always ask.
|