My "No, not necessary" response was sent because my conversation with the signer included him providing a witness and I thought that was still the plan. I was unaware that the EO had spoken to him AFTER this conversation and he had decided that he would not be providing a witness after all. We had never discussed me bringing a witness with me and I was already enroute when she texted with the "face time witness" scenario.
When at the appointment and speaking to the EO on the phone there was very little discussion before she volunteered to drive over to witness in person. I was going to suggest going to Panera Bread that was less than 2 miles away and finding a witness there. The borrowers did not want their neighbors to be involved in the transaction that is why they did not provide a witness. They had not done a seller signing in their home before, always at the TC office. The EO was under pressure to get this transaction closed because the buyers had signed earlier in the day and the transaction closing date was the same day.
My plan was to notarize their signatures on the seller package, which requires two witnesses on a Deed for Florida property. The seller was advised of the witness requirement and chose not to provide a witness since the EO volunteered to witness via face time. I have not been able to find any statute or Executive Order that would allow this. Could I have handled this better? Yes, if I had been given all the pertinent information in a timely manner.
A better scenario:
EO to sellers: Your document signing for the property sale is scheduled for Friday, 08/27/21. The buyers will be signing earlier that day. Would you like to sign your documents on Thursday, 08/26/21, or Friday, 08/27/21?
Sellers: Do we have to sign in your office or can you send someone to us?
EO: I can send someone to you, however the Deed must have two witnesses. The notary can be one but you will need to supply the other one.
Sellers: We don't want our friends or neighbors to see the details of the transaction.
EO: Then you will need to come in to the office to sign so we can witness here. I can also offer you a Remote Online Notarization (RON) at an additional cost. Would you like to discuss what is involved with RON?
I don't know if that particular office even offers RON but it could have been an alternative. The facetime scenario should never have been on the table and should not have been sprung on me at the last minute. I can find no valid authorization within the laws of the state of Florida. |
