Hello all, I’m getting more and more requests that require one or two witnesses. I know that in NJ a notary can be one witness as well as sign as the notary (if that is permitted by the LSA order). Is this new phenomenon? What’s the point of having a state commissioned notary at the signing if the lender also requires witness(es)? Would like to hear from other members of the group on this topic. Thanks.
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Perhaps what you’ve run into is a lender requirement. However, more often than not, this is a county requirement. For example, there are several counties in Florida Statute §689.01 mandates two witnesses for various types of deeds, including Deeds of Trust, Grant Deeds, Warranty Deeds, and Quit Claim Deeds.
Some lenders are more anal than others.
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Well, in a nutshell - it depends on the state’s real estate laws and, in some instances, recorders’ recording requirements. I think all states require notarization of recordable instruments but some do require witnesses, some do not. Again, it depends on the individual state’s laws.
For example: CT requires two witnesses and notarization on mortgages deeds; in Florida, two witnesses and notarization are required on deeds of conveyance, no witnesses required on mortgages (per statute, only deeds of conveyance) however, individual counties have instituted their own recording regulations wherein some require witnesses on mortgages or they won’t record.
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Thank you, Linda for your feedback.
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