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Posted by kcg on 7/14/20 5:08am
Yes, this new requirement really takes the cake. Introducing yet another person during a pandemic is totally crazy. This fell out of the sky and caught everyone unawares even county recorders. I have a friend who is a lawyer and owns a title company here in IN. He notified me back in late June. He is writing letters to state senators urging them to change the language back to "or" rather than "and". In the meantime, we must follow the law.
The best way to get it done quickly and protect the borrowers privacy is to have the witness form and the signature page of the mortgage on top. Check the ID for witness. Get these two documents signed and let the witness go. I tell the borrower they must get a witness and so far so good.
I was told there can be no payment for the witness but no one seems able to find this in writing. If I have to bring a witness I will have my fee increased and pay the witness rather than have "witness fee" written on anything. Just to be safe.
If any IN notary needs a copy of the ordinance and witness forms, send me a pm with your email address.
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