Well, prior toCOVID-19 as well as the dramatic increase in SCAMS, asking a stranger to Witness the execution of a document was without consternation nor hesitation at:
Panera Bread
Starbucks
McDonaldâs
etc.
However, since those âtimesâ occurred, itâs now nearly impossible to find an individual (let alone 2 . . . , which is normally needed for some General Notary Work [GNW] documents) willing to provide their signature in Witness to a document execution.
Most are hesitant, but kind in their refusal with a few others who choose to be less than kind to a signerâs request for a Witness.
EXACTLY !!! I had a signing at a nursing home. When asked, the manager said it was against their company policy to let any of the workers sign as a witness.
@jennjoneis A few years back that stance was also widely adopted across the region by:
Nursing homes
Rehabilitation centers
Hospitals
Retirement homes
Etc.
When scheduling a GNW appointment with a client within one of those institutions & IF the document requires a Witness (or 2 as per normal for some documents), I alert my client ahead of time to the previously stated restriction as follows:
The staff and/or employees are able to be a Witness to healthcare documents or other documents that arenât financial in nature.
Usually, clients are under the incorrect presumption that their nurse/staff/physical therapist, etc. will be a Witness for them.
When they check with that person, they confirm that theyâre only able to Witness healthcare documents & nothing financial.
@jennjoneis Itâs like that in FL - nursing home employees (and hospitals too, I believe) are prohibited from being a witness to the signing.
As for random strangers - had a signing quite a while back and signers chose to sign at a local gas station/restaurant - since I can be one witness, with their permission I pulled a guy out of the pizza line to witness the signing!! LOL
Agreed, not worth the hassle for an extra $20 bucks. In my opinion, having a witness should NOT fall on the notary as a responsibility. If someone needs a witness, they should provide one at time of signing. Why is having a witness the notaries responsibility?
Is it the notaryâs responsibility to provide witnesses? No, itâs not. Are there options to get witnesses when/if the client canât/wonât? Yes, there are. If client meets me at a public place (i.e. coffee shop, fast food place, hotel lobby, hospital, etc.), who will ask strangers in the area to be a witness? Client will do that, not me. Would I turn down business because a client canât/wonât provide witnesses? No, I wonât. What are the options for client to get disinterested third parties (witnesses) for FREE? Their friends, neighbors, strangers in hospital waiting room, co-workers if signing at their job, etc. What other options are there? Notaries from Notary Cafeâs directory for a nominal $25 fee. Who pays for this $25 fee? The client. Who calls notaries from the directory to secure witnesses? The client, but the notary can agree to do so as a courtesy.
I consistently require the client to be responsible for providing their own disinterested witnesses for both General Notary Work (GNW) and loan signing assignments. As a public official, I strive to remain strictly impartial throughout the entire notarial process, and I believe that finding a witness is fundamentally the clientâs responsibility rather than mine. Should any legal issues arise or if a deposition becomes necessary, I prefer not to be put in the position of being responsible for tracking down or justifying the origin of a witness I personally sourced. The only rare exception I make is when my wife serves as a witness for a loan signing, as I am confident that she is a reliable party and will always be easy to locate for any necessary follow-up questions or testimony.
My 2 centsâŠ
My state is not a witness state. I wound up in a job where the company did not advertise the need for witnesses for the property in FL. When I got the docs, and asked about the witness lines, I was told that the signers provide 1 witness and that I act as the other witness. I was advised to NOT be both a witness and notary and research backs it up.
I wound up reaching out to the client to see if they could provide 1 more witness, and they did without issue. I do agree that the clients should have been told that 2 witnesses were required for their signing, instead of just 1 witness. Seems simpler for everyone involved.
There were no additional witness fees on that job, even though I had to make sure witnesses were lined up, verified, and signed in the right places. My thought is that $25 is a reasonable fee to do this extra work for the 2 witnesses at the table, no matter how they were provided.
I had it happen again, and I canceled the job due to the miscommunication. Now, I also avoid offers with witness requirements.
@loriminer Understand your position on it. Youâre correct it does absorb additional time & effort to facilitate it with the signers.
I usually simply inform the signer(s) that Witnesses are required & that they are to schedule them. I also provide them with the particular Witness Restriction information.
The signer(s) scheduling the Witnesses is the process that the majority of us follow for General Notary Work [GNW] and for Professional Signing Agent [PSA] work as well.