Witness question for seasoned notaries

1

My state has specific laws about who can be a witness
I’m doing a seller signing of a property that is in a different state with different
laws… Do we have to follow both state laws or only the state law that we are signing in concerning the witness???

2

I would make sure you fulfill the minimum witness requirements for both states.

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3

I guess you are referring to witnesses to the act of the signer signing; these witnesses would sign on the witness lines on the document(s). You’re not referring to credible witnesses who tell the notary the signer is who he/she claims to be, right?

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4

correct, not a credible witness

5

that’s what I thought. There is a question of if the witnesses can be related to the signer or not

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6

Two criteria here…

  1. If your state does not allow the notary to also act as a witness, make sure you follow that guideline set out by your state.

  2. Property in a different state - I would suggest following that state’s witness requirements as that is where the conveyance document will be recorded.

JMO

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7

The NNA recommends that the Notary acts only in the capacity of a Notary and not also the witness. This insures the Notary remains independent and disinterested. In other words always have a third party witness available for the engagement.

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8

yes thanks LindaH-FL

9

yeah we ended up using complete strangers to witness cause I wasn’t sure if the witnesses could be related to the signer

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10

I totally agree. I only act as the Public Official in notarial acts. If any legal consequences occur, my role is limited to the notarial execution.

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11

Only the state you are signing in

12

Most of what I’ve read says that a witness can’t be related. I’ve also heard that a witness can be related as long as they don’t have a financial interest in the transaction. I go the safe route and tell them that a witness can’t be related. The best course of action is to avoid taking witness signings entirely so it isn’t even an issue.

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13

As Linda H said. The witness requirement is based on what state the property transaction will be recorded, not the state where the transaction is taking place.

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