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.
Most Louisiana documents require 2 witnesses and I donât supply them except for an extra $25 fee per witness. Never had an issue with that but will most often meet in local coffee shop where usually the staff of patrons rarely turn me down. Itâs a southern hospitality that most will help out.
The âsouthern hospitalityâ - thatâs why the pizza place worked out so well for us - not to mention the place had booths so more room to maneuver.
Theyâre careful down here too, Jenn - which is why although by statutes witnesses are not required on mortgages (only deeds of conveyance) many counties require them - came as a result of some deceitful practices in the past.
As for the north (Iâm from CT) - youâre spot on!! LOL
I find these types of listings are more trouble than their worth. If they are in my surrounding area and I can pick up a family member really quickly, fine. There are two immediate family member who would love to support my business- and they get to make a few dollars, why not? However, when they are far out. I donât have time to wrangle up a witness. For one, in this climate, fraud is an issue, safety is another- so Iâd be leery about asking a stranger to be a witness. Also, the integrity and privacy of the document is another. Iâd rather the signer provide his/her own witness.
Exactly, and I am glad you donât allow yourself to be put in this predicament. Iâve passed on many signings that require a witness. Luckily, in the state of New York, there arenât many instances where a witness is needed, and in a few cases, that section, depending on the document, can be bypassed. However, if the property is being assumed in another state by a NY resident⊠then there are caveats, I suppose. Aslo, certain counties may require witnesses from time to time, depending on the document as a form of safeguarding or grandfathered in law. New York is the slowest to change laws, but also has made some good headway when it comes to real estate documents. NY is a judicial foreclosure and mortgage state rather than a Deed of Trust state. But yes, supplying a strange witness is just not something I am comfortable with. New York is a place of hustle, so you donât know what type of individual youâd get either. Safety, privacy, and safeguarding are always paramount. I donât need these strangers in my business.