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 Witnesses in FL??		  New Topic  Reply to Topic
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LindaH

Florida
1754 Posts
Posted - 12/08/2008 :  11:03:33 AM  Show Profile  Reply with Quote
In Loan signings, only deeds of conveyance require witnesses (Warranty Deeds, QuitClaim Deeds, etc) - mortgages do not. Other documents involved in the loan may require witnesses at the discretion of the title company or lender.

In general notary work, it's dependent on the state's statutory requirements for proper execution of the document itself or dependent upon the requirements of the document drafter. It's also the signer's responsibility to know if they need witnesses or not - that's not our call to make and borders on UPL if we make a determination that a certain document requires witnesses. Keep in mind there's a difference between a document that provides for witness signatures (has lines for them to sign) and a document that requires witnesses (as provided by law).

In any event, it's not up to the notary to provide witnesses - it's up to the signer. Occasionally I'm able to provide a witness but that's not something I can always be relied upon to do as it means having my husband accompany me, and he isn't always available. Witnesses don't have to personally know the signer - they just have to see them sign - I'd just be sure they are of legal age and of sound mind (obviously I wouldn't have a 10-year-old as a witness or someone who's so drunk out of his mind he doesn't KNOW his own name let alone sign it).

Hope this helps.

Linda
www.notarydepot.com/notary/lindah
http://www.notary.net/websites/LindaHubbell
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n/a

4 Posts
Posted - 12/08/2008 :  10:25:11 AM  Show Profile  Reply with Quote
Are witness signatures required in FL for all acts of notarization? Or just some?

How does it usually work? Does notary bring along a witness or is it the borrowers job so the witness would personally know the signer, etc.

(All my experience is in NC and VA where we don't have witness signatures...)
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