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  1. #1
    ilambert is offline Member
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    Do I need a witness?

    What is the name of your state? FL


    What is the specific purpose of having a witness signature on a Deed form? Is it required to record the deed? Can a relative with the same last name sign as a witness? Can someone sign as a witness if they are on the mortgage but not on the deed? Are there any specific restrictions as to who can and who cannot sign as a witness?

    I hope I'm not being to vague. I didn't want to bore everyone with all the background surrounding my questions. I can provide more detail if necessary though.
  2. #2
    HomeGuru is offline Senior Member
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    Re: Do I need a witness?

    Originally posted by ilambert
    What is the name of your state? FL


    What is the specific purpose of having a witness signature on a Deed form? Is it required to record the deed? Can a relative with the same last name sign as a witness? Can someone sign as a witness if they are on the mortgage but not on the deed? Are there any specific restrictions as to who can and who cannot sign as a witness?

    I hope I'm not being to vague. I didn't want to bore everyone with all the background surrounding my questions. I can provide more detail if necessary though.
    **A: a "witness" signature is not needed to record a deed but a notary jurat is.
    A notary public attests to the ID of the person and that the person signing is signing as a free act and deed.
  3. #3
    ilambert is offline Member
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    So what you're saying is that as long as a deed is notarized it can be recorded without witness signatures?

    What's the legal purpose of obtaining a witness signature? Are there any restrictions to who can sign as a witness?

    Thanks
  4. #4
    HomeGuru is offline Senior Member
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    [QUOTE]Originally posted by ilambert
    [B]So what you're saying is that as long as a deed is notarized it can be recorded without witness signatures?

    **A: the notary public IS the witness.
    ********

    What's the legal purpose of obtaining a witness signature? Are there any restrictions to who can sign as a witness?

    Thanks

    **A: I am not understanding your questions. Contact your nearest local escrow and title company and ask them.
  5. #5
    ilambert is offline Member
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    If someone is on the mortgage for a property, but not on the deed. Can they serve as a witness for deed transfer or would they be considered a related party and therefore ineligible to sign as a witness?

    Thanks,
  6. #6
    HomeGuru is offline Senior Member
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    Originally posted by ilambert
    If someone is on the mortgage for a property, but not on the deed. Can they serve as a witness for deed transfer or would they be considered a related party and therefore ineligible to sign as a witness?

    Thanks,
    **A: why are you asking these questions and who is telling you that you need a witness?
  7. #7
    ilambert is offline Member
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    Originally posted by HomeGuru
    **A: why are you asking these questions and who is telling you that you need a witness?
    I'm asking on behalf of a relative who is being fed what sounds like flawed information from her son and supposedly his attorney. I'm just attempting to validate if what he's telling her is on the level. She won't seek an attorney because she's his mom and she wants to trust him. I don't.

    She signed a quick deed to transfer her interest in his house to him and his wife. Mom and Dad are on the mortgage, only mom was on the deed. Dad and an aunt signed the quick deed transfer as witnesses. They sent it to the son and he says it was witnessed incorrectly. He said that dad couldn't sign it as a witness because he's got the same last name. <-- This can't be true.

    He's coming to town to have her resign the paperwork supposedly for that reason.

    That's why I was asking if there are any restrictions on who can and cannot sign as a witness. This forum has been helpful before for my legal questions so I was hoping I would get the same type of helpful advice I received before.
  8. #8
    HomeGuru is offline Senior Member
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    Originally posted by ilambert
    I'm asking on behalf of a relative who is being fed what sounds like flawed information from her son and supposedly his attorney. I'm just attempting to validate if what he's telling her is on the level. She won't seek an attorney because she's his mom and she wants to trust him. I don't.

    She signed a quick deed to transfer her interest in his house to him and his wife. Mom and Dad are on the mortgage, only mom was on the deed. Dad and an aunt signed the quick deed transfer as witnesses. They sent it to the son and he says it was witnessed incorrectly. He said that dad couldn't sign it as a witness because he's got the same last name. <-- This can't be true.

    He's coming to town to have her resign the paperwork supposedly for that reason.

    That's why I was asking if there are any restrictions on who can and cannot sign as a witness. This forum has been helpful before for my legal questions so I was hoping I would get the same type of helpful advice I received before.
    **A: we can't possibly help you without all the correct facts. Have your relative hire a real estate attorney.
  9. #9
    ilambert is offline Member
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    Originally posted by HomeGuru
    **A: we can't possibly help you without all the correct facts. Have your relative hire a real estate attorney.
    Ok...with the facts that I've stated can you answer whether the Dad who's on the mortgage (but not on the deed) can sign as a witness on a deed transfer for that property?
  10. #10
    HomeGuru is offline Senior Member
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    Originally posted by ilambert
    Ok...with the facts that I've stated can you answer whether the Dad who's on the mortgage (but not on the deed) can sign as a witness on a deed transfer for that property?
    **A: No.
  11. #11
    ilambert is offline Member
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    Originally posted by HomeGuru
    **A: No.
    Thanks
  12. #12
    HomeGuru is offline Senior Member
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    Ok.
  13. #13
    Pfaffing85690 Guest
    I figured by now someonw at FA would have broken out is song .....

    "Can I get a Witness?...
    Can I get a witness..."
  14. #14
    HomeGuru is offline Senior Member
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    Been there, done that.
  15. #15
    ilambert is offline Member
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    Originally posted by Pfaffing85690
    I figured by now someonw at FA would have broken out is song .....

    "Can I get a Witness?...
    Can I get a witness..."
    I came *this* close to calling my thread 'Can I Get A Witness'...did think anyone would get my dry sense of humor though.

    Good to know I'm among my kind

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