I am in Texas doing the second part of a split signing. The property is in Georgia. (Yes, I will have an attorney on the phone.) Some of the docs have a standard notary certificate, but some have a place that I’m a little confused about. It looks like:
Signer’s Name
Unofficial witness
Notary Public, ______________________
Forsyth County
I see where the notary signs, but there is no certificate wording. And I was not told about any witness. I will clarify that with title. Can anyone from Georgia help me out here? Thanks!
YES, definitely clarify witness requirements with the hiring company before you go. Georgia is a witness state. GA House Bill 322 | NNA
I am in Washington state but I have done signings here for properties located down in Georgia. Sometimes the loan documents specify that TWO witnesses are required. Notaries here in Washington cannot act as both the notary and a witness. (We cannot notarize our own signatures!) So I always confirm with the borrower they will provide their own witnesses.
Your notarial certificate should comply with the requirements of the state where the document was notarized. All required components should be added if they don’t appear on the document.
On a side note, in addition to what others stated here, anyone 18 or older with a valid ID can act as a witness. When borrowers can’t provide a witness, call the client and tell them you will be willing to bring a witness for a fee (witness fee). I charge $25 for this to start (depending on time/travel involved). Then I tell my blood sucking son to get off the couch and let’s go for a ride. His fee goes towards replenishing my blood!
Clarification the witness must have no beneficial interest in the documents.
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Correct! That is “Witness 101.” (conflict of interest). Luckily for me my son has no beneficial interest in ANYHTING!..lol
ROFL!! That’s just too funny!!
I only clarified this because many think that as long as the name of the witness does not appear in the documents is the only thing they need to look for.
Example mother is beneficiary of will and when or if mother passes away her children not named specifically but referenced in the will as her heirs. Neither the mother or her children can sign as witnesses.
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Yes Ma’am. You are correct. I was agreeing with you under the “assumption” most in the notary business know how the use of witnesses works, especially how it relates to when they needed witnesses for their own personal needs.
