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 Video Witness - Quick help!!

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kandy1099 Posted - 04/12/2012 : 07:49:40 AM
I have a loan that requires a witness. At the last minute my witness bailed on me, but said he would sign after the fact, if I videoed the signing. I talked to the borrower and they didn't have a problem with that... BUT Is this legal, or is there something that could potentially come back on me? I need help asap, before I go to the signing...

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Lee-AR Posted - 04/13/2012 : 7:10:16 PM
Linda has the best suggestion. For those few lenders who require a witness (tho' my state doesn't), not my problem--B better have them available. As it's not common here, 'people knowing their business' IS a concern and I handle it as Linda does.

On that 'video' thing....ummm, I don't think so.


If you don't value your time and experience, nobody else will.
LindaH Posted - 04/12/2012 : 08:49:36 AM
Do they have neighbors nearby? I find many elderly don't want their neighbors to know their business - I just let them know the neighbors don't need to know what they're doing or what they're signing - all they need to do is see them sign, sign as a witness, and leave....done. Sometimes that reassurance has helped the signers find someone to be there.

Also, are two witnesses needed or just one? If just one can you be that one?

Linda
http://www.columbiacountynotary.webs.com
kandy1099 Posted - 04/12/2012 : 08:16:04 AM
I contacted the title company... waiting to here back...
Since the borrower is unable to leave the house (elderly), and their family is not available, I'm not sure what else can be done, except finding another notary with witnesses at the last minute...
I looked everywhere online and can't find anything that is for or against it... so I guess I will see what title wants to do... UGH, what a predicament... !!

LindaH Posted - 04/12/2012 : 08:07:31 AM
okay...not sure what's up here, but the asterisks are supposed to be the word video,...sorry!!!

Linda
http://www.columbiacountynotary.webs.com
LindaH Posted - 04/12/2012 : 08:03:13 AM
I, personally would not do this - IMO the witness should be there to see them sign, not on*****after the fact.

Can you possibly change the signing location to a place where you CAN obtain a witness? A restaurant, coffee shop, etc etc? If not, in all honesty, I'd consult an attorney to find out if this procedure is legal in your state. Or check with your hiring party - see what they suggest.

Good luck..what a situation to be in!!

Linda
http://www.columbiacountynotary.webs.com



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