Hi I am a new notary in Texas. I just received a request to notarize a warranty deed. The attorney is asking for two witnesses. One witness he has described as a notarized owners affidavit of no liens. I was also asked to be the other witness.
I responded that I cannot be both the witness and the person notarizing the document. I understand this.
If I understand correctly , an affidavit of no liens is for the title company. My question is, why is the attorney stating this document can be one of the witnesses?
Really would like to hear from someone that has perhaps had this scenario.
@Arichter you are correct. I was able to get additional information. The individual is actually not an attorney. The warranty deed is for property located in Florida. Florida requires two witnesses in order for the deed to be recorded.
I was able to convey this information and they are arranging to have two witnesses that know the individual present for the notarization. Thank you for your response!
@abs Florida property? Please be aware of this new 2024 requirement (and let the attorney/document preparer know)…in order to avoid rejection at the recorder’s office
F.S. 695.26(1)
"695.26 Requirements for recording instruments affecting real property.—
(1) No instrument by which the title to real property or any interest therein is conveyed, assigned, encumbered, or otherwise disposed of shall be recorded by the clerk of the circuit court unless:
(a) The name of each person who executed such instrument is legibly printed, typewritten, or stamped upon such instrument immediately beneath the signature of such person and the post-office address of each such person is legibly printed, typewritten, or stamped upon such instrument;"
IOW not only do witnesses’ names need to be printed under their signature, but also their address. Further, the address of the Grantees must be printed under the signatures…
F.S. 695.26(1)(f)
“(f) In any instrument other than a mortgage conveying or purporting to convey any interest in real property, the name and post-office address of each grantee in such instrument are legibly printed, typewritten, or stamped upon such instrument.”
Also, it is my understanding that no, TX notaries cannot notarize AND act as witnesses on the same doc.
@abs I have been told by client that the attorney involved with her parents will and POAs advised that I can notarize and be one of the witnesses.
I advised that the attorney gave her incorrect information. Notaries in Texas can find the statutes that govern Notaries on the Secretary of State website.
@LindaH-FL Thank you. My client chose to go another route, which was fine with me.
I am not going to jeopardize my commission for $100.00. I have learned in my 28 years of being a Notary and 23 years as a Signing Agent not to believe anything that these attorneys and signing companies tell me at face value because they lie.
I am always amazed when the hiring company instructs the Notary to provide 2 witnesses for a signing. Do they think we drive around all day with two extra people? LOL
In Washington state, as the notary I cannot be both the witness on a document and the notary public – because we cannot notarize our own signatures.
Anyway, when I receive such a request, I always inform the hiring company (and the signers during the confirmation phone call) that signers must provide their own witnesses and everyone must present a valid government issued photo ID.
Hi @Carmen_Lane this statement always confused me…for the execution of a deed or deed of trust or mortgage, simply witnessing the Grantors’Trustee’s signature does not require the witnesses’ signatures be notarized…so I do not understand this reasoning…unless in your state witness signatures ARE notarized.
@Carmen_LaneI concur percent. In my direct experience over a decade & one-half there have been requests for witnessing (by me) & notarization on various documents.
I let them know that in general, it’s contingent upon the format/placement of the Witnesses Signature Block & the CONTENTS of the Notarial Certificate.
If the Witnesses Signature Block is BELOW the Notarial Certificate & the Notarial Certificate doesn’t include the names (nor blank lines for names) of the Witnesses - then, no problem.
On the other hand, if the Witnesses Signature Block is ABOVE the Notarial Certificate & the Notarial Certificate does include the names (or blank lines for names) of the Witnesses - then, I’m unable to perform the witness function for that document.
As it’s often said, “the devil is in the details . . .”
Of course, it’s IMPORTANT to note that these stipulations can vary from state-to-state.
One issue (in states that allow notaries to be a witness) is that you may be hauled into court at your own cost to verify that you witnessed the signing.
As a California notary dealing with Florida properties the requirements have been two witnesses, one which can be the notary, sign, print names and address. The witness signatures are not notarized so a notary is not notarizing her/his own signature.
If the signers do not have a witness, or two, the notary can bring one for a fee, typically $25.
@keaton4notary I appreciate the additional information as I am a new notary getting started. I was able to locate the Florida statutes and I am happy to see that I am aligned with the feedback from all who replied. Thank you very much! You guys are awesome! All the best and much success to everyone.
It’s my personal decision never to act as a witness for any type of document(s). I elect to act solely as the Public Official, whenever performing any type of notarial act(s). Should any legal matters ever come up or legal deposition(s) that decision will limit my exposure in civil or criminal proceedings. Just because you can act as a witness and notary public, doesn’t mean you should do so.
percent. In my direct experience over a decade & one-half there have been requests for witnessing (by me) & notarization on various documents.