This is the run-down of events for a seller signing tonight:
11:18 AM Received order for 6 PM seller signing (Florida property)
11:37 AM Spoke to seller. Confirmed details, including need for one witness for the Deed only and copies of ID
11:39 AM Responded to SS confirming receipt of order and that signers had been contacted
3:33 PM Received seller docs except CD/ALTA. EO said if she was unable to get final payoff of sellers' loan so she could complete these docs she would have them sign electronically on Monday morning.
5:05 PM Received call from EO that she was emailing me the CD & ALTA. I printed and left to travel to signing @ 5:08 PM.
5:15 PM Received text message from EO: Please face time me so I can act as a witness.
5:15 PM My response: I asked him to get a witness
5:16 PM EO: He doesn't have one. I meant to tell you sooner that I would be your second witness. I can do it if you can face time me.
5:17 PM Me: No, not necessary.
5:20 PM EO: Okay.
5:58 PM I called signers to advise I was running 10 minutes behind due to traffic.
6:10 PM I arrive at signing location (seller's home).I ID signers and obtain copies of their Ids. I remind them of the witness requirement for the Deed and that we can do that document last. The signers tell me that the EO said that I could face time her and she would be the second witness. I reminded him that we had discussed the need for a witness when I called to confirm earlier and suggest maybe they can ask a neighbor to come over for a minute. They say they are not comfortable with that and attempt to contact their real estate agent to see if she can come over to witness. In the meantime, I text the real estate agent, asking her to call me, and call the EO to let he know what is going on. The EO does not answer her phone so I send her a text to call me.
6:27 PM EO calls and I explain about the witness issue. She says “I told you I can be the second witness if you face time me.” I responded, “This is not a RON transaction and I do not believe a “face time witness” is valid.” She said “We can do it because of the law changes due to Covid.” I said I did not believe any special allowances were still in effect. Her response was that her company was insuring the transaction so it was OK. She said she would drive to our location and witness but it would be about a 45 minute drive for her. At this point, the seller asked to speak to her about the numbers on the ALTA and it was decided that an update to the payoff was needed and the sellers would sign a revised ALTA & CD on Monday.
6:35 PM We continue signing the other documents in the package.
6:55 PM The EO calls back to tell me that I do not need to be there when she gets there as she can notarize and witness the Deed. She then proceeds to yell at me and tell me that she will never request me again. That her text to me said he did not have a witness so she would need to witness and why did I not tell her that would not work for me then. I said that's fine and hung up. The borrowers could hear the yelling as it was at very high volume. All throughout I apologized to the sellers, letting them know that if the “face time witnessing” had been disclosed in the beginning I would have had time to verify if it was in fact allowed under Florida laws or I could/would have just not accepted the assignment. They asked if there was some way I could look up the law digitally but I said it would involve more time than I was willing to spend at that point to look at the Governor's Executive Orders and any revisions to the notary laws that had been enacted since the beginning of the Covid pandemic.
We finished everything but the Deed and I departed at 7:10 PM, leaving the signed documents there. My original assignment included hand delivery of the signed docs to the TC office first thing Monday morning but since the EO would be there shortly to handle the Deed she could take all the docs and I would not need to hand deliver.
I would like to know what law or Executive Order allows “face time witnessing”. This should have been disclosed when the assignment was offered. I will be researching this over the weekend for my own knowledge.
Also, how was I to know that the signer had spoken to the EO after I had confirmed with him and discussed the witness requirement. I understood he was providing a witness. If the EO had made other arrangements after the conversation I had with the signer, I should have been made aware of it.
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