If a document has places for witnesses to sign, and there were no witnesses there, I would usually mark n/a in the space, being they could just come in and fill it out later as if a witness was there. But I checked with NNA (and I know they are not lawyers and can be wrong), but they said I can leave it blank. And it is not my responsibility to make sure a witness is there. I am in Nevada, and I don’t believe this is addressed in the handbook. Just would like to hear other views on this.
I was doing an online signing and this issue came up, the signer said he would get witnesses later, and in my mind it was like I was okaying him to do that if I left it blank. But from what the NNA hotline said, it is not my responsibility.
It’s my understanding if the property is located in CT / FL/ GA/ LA/ or SC they require witnesses on all recordable documents regardless of where the loan closing is. In AZ if it is followed by Jurat wording we are not to leave it blank. I then have the signer draw a line through it and initial it… (Never had an issue to date) All other cases I have left it blank… again no issues to date.
Florida - no - Florida statutes state witnesses are required on deeds of conveyance only. Not on mortgages. However, some counties have imposed their own requirements and those counties DO require witnesses on mortgages or they’ll kick it back. It’s just easier here to have two witnesses and avoid any issues - having witnesses on a mortgage, though not required, will not render the mortgage unrecordable.
@braddy7 you can check your statutes for your state to find out if witnesses are required or ask hiring party (this requirement can also be lender specific, regardless of state); however, personally, I would not put “n/a” on witnesses lines - best to either get witnesses or just leave it blank.
Well, I have had only two or three instances where witnesses were called for. Witnesses were present and signed where specified. I notarized what I was supposed to notarize and that was it. I don’t know much about witness stuff so here’s my question: If I’m not notarizing the witnesses signatures, why do I care if they sign or don’t sign as a witness. I’m ok with doing the courtesy of providing a witness when necessary, but that’s about it, isn’t it? If anyone can speak to this issue authoritatively, I’d appreciate your thoughts.
@Bobby-CA it’s a good idea to know the witness requirements in your state so you can make sure everything is done properly - in the case of loan signings, if lender gets back an unrecordable document due to lack of witnesses guess who’s on the hook to go back out on their own dime for a re-do.
Again, in loan documents, it can be lender specific also, so always good to ask hiring party if that lender wants them…CYA
In non-loan documents, there are certain documents that do require witnesses (I speak for Florida here) - deeds of conveyance require them, Powers of Attorney require two, some Last Will and Testaments do IF there is a Self-Proving Affidavit included in the Will form. It’s something to be discussed with the caller when setting up the particulars of the signing so they have a heads up and can have the witnesses available.
