Is anyone else struggling with this new requirement? I have used one of my neighbors as a witness twice in the past 3 months. After speaking with 3 attorneys about the witness situation, all three have explained my legal liability of providing a witness on each loan closing. I was shocked to learn that I am responsible for the actions of this person I am bring. Anything in the house is damaged, destroyed or broken-I am responsible. I am the person who is bonded & brought that person into someone’s home. If I were to be involved in an auto accident, my insurance would cover their injuries & rehabilitation. None of the attorneys were aware of a bond or insurance that would cover a witness. Surely the borrowers have a friend, neighbor or family member who could be there for 3 minutes. I was asked to leave Starbuck because the borrower asked the patron at next table to act as a witness, he forgot his friend was coming as his witness. All this added drama for $ 100.
Not in Florida, don’t do witnesses. I agree that all signers requiring witnesses should be told to provide their own.
@JanaDrury These often overlooked and unanticipated details are rarely, if ever, discussed, and they truly highlight the potential risks and challenges that we, as loan signing agents, frequently face. Consequently, it becomes absolutely essential for us to have a thorough understanding and awareness of our potential liability exposures to adequately protect ourselves and our businesses. In Florida, we the Notary Public/Loan Signing Agent can act as a witness, but I personally elect not to act as a witness and only present myself as the public official in a loan signing process. If I do bring a witness, it’s my wife, for I can vouch for her character and trust worthiness. Most times, I elect to have the borrower(s) provide their own witness(es).
Our safety can be an issue. I took a self-defense class a couple of years ago. It has help with my confidence level.
Yes, in Florida, you can be a witness unless requested otherwise, such as noted on the documents or advised by an authoritative party.
My personal preference, if only one witness is needed, I will not be that witness (I am already the witness as the Notary), and when there are two, I am always witness #2.
I have curated a pool of witnesses. These are people I know and trust that I can call on. I instruct my witness not to engage in conversation other than the introductory pleasantries.
Each witness has their own fee schedule (from $20-$35) and I provide the transportation for them. When I need a witness, I start at the lowest rate and work my way down the list.
When doing general notary, I let the signer(s) know the witness fee schedules, advising it can be challenging to find a witness on the desired date and at the desired time, and that they may end up with a $35 witness rather than a $20 witness. I also advise that the witness must be paid in cash at the appointment unless they work it out with me first prior to the appointment.
I hope this helps and gives you some ideas on how you want to handle these types of situations.
It’s a sticky situation here in SC, too. We don’t have a specific statement from the Secretary of State’s office on who should provide the witness(es). Even though we can, in some instances, be both the notary and one of the witnesses, it is not encouraged but kind of, sort of frowned upon, creating the dilemma. My gut tells me that the signer should provide them for 2 reasons - first, they know that person, and should be comfortable that, if they are not party to the documents, will exercise discretion and confidentiality. Secondly, there is that question of liability in addition to the signer having the ability then to accuse the notary’s provided witness of indiscretion and/or breach of confidentiality. That opens a whole other can of worms. In a recent call to the Secretary of State’s office, I asked if, as a notary signing agent, I could advertise to other notaries that I was willing to be a witness, I was told “no.” Shockingly, I was also told that SC does not recognize “Notary Signing Agents” just that notaries verify signatures for various types of documents and charge a fee plus things like travel, printing, shipping, etc. In SC, there is a very fine line between what is interpreted as the practice of law and just verifying that the person signing is the actual person who should be signing. (There, did I muddy the waters even more?)
This is one example of exactly why I refuse any jobs that require me to bring a witness. I want no part of it. I’ll act as a 2nd witness if needed, but I’m not bringing any witnesses with me.
I’m always amazed when I remind the borrower they will need a witness. Through the entire process, Loan Officers don’t inform their client they will need a witness. When I call for the introduction to confirm their location & time, I get an attitude or cussed out because “this is the first I have heard about needing a witness”.