Warranty Deed with Witnesses

My way around this is that I ask them to meet me at like a Starbucks or somewhere public in which I can ask someone to be a witness. Most times they are willing and I may offer them a cup of coffee. They do pay us extra if we’re able to find witnesses, so a $5 coffee to get $25 to find a witness is definitely worth it.

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@nylajar @cNsa5 @LindaH-FL @cfletcher @abs @Arichter

The following is from the State of Texas and why I don’t notarize and serve as witness on the same document:

"Yes, a Texas notary public can serve as a witness to the signing of legal documents, but it’s not recommended to also notarize their signature as a witness.

Notaries are legally authorized public officers who are expected to be impartial and disinterested.

However, acting as both a notary and a witness on the same document could lead to legal challenges or the loss of a notary’s commission.

For example, if a notary witnesses the signing of a last will and is then asked to sign an affidavit to make the will “self-proving,” it would be improper for them to notarize their own signature as a witness.

If the document requires the notarization of the witnesses’ signatures, it’s also a criminal violation of notary law for the notary to also act as a witness."

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Hi Everyone, I would like to provide an update on the progress since my previous post. I have successfully completed the signing for the warranty deed and was able to establish direct communication with the title company. They arranged for the required two witnesses in accordance with Florida statutes, as the property is located in Florida. Once the signing was completed, I sent a follow-up email to the title company to confirm the receipt of the FedEx package and to ensure the accurate completion of all forms. I received confirmation from the title company that everything was in order, and the seller was very pleased with my services. Thank you NotaryCafe Community! I appreciate all of the posts/comments. :smiley:

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That is awesome. Communication is key!

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That is excellent information. Can the notary still be one of the witnesses?

I would prefer not to act as both witness and notary in order to limit any potential legal liability. As a result, the NNA stipulates that the notary should function in one capacity only, not both.

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Yes, Florida does allow that providing the notary is not a party to the transaction and has no beneficial interest in it.

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