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 Witness - Signing agents should bring a witness?
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tcmnotary

Florida
7 Posts

Posted - 12/22/2011 :  08:15:05 AM  Show Profile  Visit tcmnotary's Homepage  Reply with Quote
I thought in Florida you could be a second witness as long as you are not notarizing the witness' signatures (since you cant notarize you own signature). LindaH?

TCMNotary
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Les_CO

Colorado
32 Posts

Posted - 11/22/2011 :  1:54:44 PM  Show Profile  Visit Les_CO's Homepage  Reply with Quote
Iím curious about the AZ law that says a notary canít be a witness to and notarize the signature on the same document? I think I read somewhere that in AZ on a POA the notary could not be both a witness, and notarize signature(s)? Iím guessing because some POAís require the witnessís signature, as well as the principals be notarized? In cases where the recording laws require both a witness (or two) to sign the documents as a witness, the signature(s) not notarized, but where the grantors signature is notarized, they allow the notary to act as both witness and notary? I looked (briefly) but could not find where that would be against AZ notarial law.

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LindaH

Florida
1747 Posts

Posted - 11/13/2011 :  10:23:15 AM  Show Profile  Reply with Quote
quote:
Originally posted by realstar

I have had title companies "demand" that I sign as a witness AND Notarize...this is illegal in AZ and they did not want to believe me. They said if it recorded in FL, it had to be done their way..not true..the law for the state that the Notary resides and is commissioned in is the way it must be done..

Carol Kempton



Witness requirements have to follow the laws where the documents will be recorded/used. However, you're absolutely right that if your state laws prohibit you, the notary, from also acting as a witness, then that's what should be followed and borrowers/signers or hiring party will have to be sure that the required number of witnesses are available.

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

Arizona
11 Posts

Posted - 11/13/2011 :  08:49:33 AM  Show Profile  Visit realstar's Homepage  Reply with Quote
I have had title companies "demand" that I sign as a witness AND Notarize...this is illegal in AZ and they did not want to believe me. They said if it recorded in FL, it had to be done their way..not true..the law for the state that the Notary resides and is commissioned in is the way it must be done..

Carol Kempton
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LindaH

Florida
1747 Posts

Posted - 11/13/2011 :  05:53:04 AM  Show Profile  Reply with Quote
quote:
Originally posted by pplunkett

This is a big problem with me here in Florida. A second witness is required on Mortgages. The agencies never want to pay for a witness and I just have to bring one along. It is often very difficult to do so.

Patricia Plunkett



Not true Patricia - per Florida statute, F.S.A. 689.01,witnesses are *required* only on deeds of conveyance (Warranty Deed, Quit Claim Deed, etc etc) - not on mortgages. However, some counties are requesting two witnesses - not all but some, so it is county specific. However, they can accept the Mortgage for recording without witnesses or with only one witness. Sometimes it's not worth the argument to get them to see that but, pursuant to state law, two witnesses are NOT required.

Back to the topic - I've had instances where companies need two witnesses on a doc (not a mortgage) - I can, on occasion, provide a second witness, but the fee is $25 within my home county, additional outside my home county. However, it should be noted that THAT responsibility is not on us as notaries or signing agents - that's on the signers/borrowers. It's amazing how companies can come up with money to pay the witness, or how quickly borrowers can find someone, when you mention that it's a lender requirement and without the second witness we can't get the signing done or the loan won't fund.

The few times I've had the witness requirement I've had no problem getting a fee out of the company.


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

Edited by - LindaH on 11/13/2011 06:00:42 AM
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CopperheadVA

Virginia
420 Posts

Posted - 11/13/2011 :  04:20:04 AM  Show Profile  Reply with Quote
I don't provide witnesses and I am upfront about that with the title company or signing service.

Once, I found out at the last minute when docs arrived that the property was out of state and the DOT required witnesses (I could be one but we needed another). I called the borrowers, who I found out were visiting with their daughter who had just moved to town and didn't know anybody. So the borrowers could not get a witness. The title company offered to pay a $50 witness fee if I could find a witness. I did. I insisted upon getting an updated confirmation which reflected the increased fee, and I paid the witness $50. I would only do this for a reputable company that has an established payment history with me. Keep in mind that I'm the one who ended up paying the taxes on that $50.
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jbelmont

California
2987 Posts

Posted - 11/12/2011 :  8:54:14 PM  Show Profile  Visit jbelmont's Homepage  Reply with Quote
We just created a new blog about whether or not a notary can act as a witness for a Will.

http://blog.123notary.com/?p=1525

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pplunkett

Florida
6 Posts

Posted - 08/03/2005 :  6:42:53 PM  Show Profile  Visit pplunkett's Homepage  Reply with Quote
This is a big problem with me here in Florida. A second witness is required on Mortgages. The agencies never want to pay for a witness and I just have to bring one along. It is often very difficult to do so.

Patricia Plunkett
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n/a

3 Posts

Posted - 07/10/2005 :  11:17:11 PM  Show Profile  Reply with Quote
quote:
Originally posted by Ieshiad
do you pay your witness, I know is not usually used for us in Fla., but in some cases can happened

I would love to get a company to pay me for a witness. I usually bring one because they never tell the customer they need one

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n/a

5 Posts

Posted - 07/08/2005 :  02:20:07 AM  Show Profile  Reply with Quote
Although it is not the Notary's job to supply a witness, if the SS agrees to pay for the witness's time, then by all means accept. You can probably find a witness faster the the borrower can anyway.
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n/a

5 Posts

Posted - 07/07/2005 :  06:31:33 AM  Show Profile  Reply with Quote
I have never been asked by a signing company to bring a witness. But maybe that is because I am in California and we do not witness sign many documents.
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n/a

5 Posts

Posted - 07/02/2005 :  01:23:05 AM  Show Profile  Reply with Quote
I would love to get a company to pay me for a witness. I usually bring one because they never tell the customer they need one
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n/a

3 Posts

Posted - 06/30/2005 :  01:45:58 AM  Show Profile  Reply with Quote
Have you ever been asked by a signing agency they will pay you $25.00 to bring a witness, this case was for a line of credit
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