when a deed of trust or mortgage is being recorded in a state where witnesses are...

when a deed of trust or mortgage is being recorded in a state where witnesses are required but is being signed in a state that does not require witnesses what should I do

Expert Solution

Notary Signing Agent should be presented with a deed, mortgage or deed of trust for notarization that requires a witness (or witnesses). But in your state, signature witnesses may not be required.

Types of Witness

Signature witness: Is only present to witness the signing of the document

Credible witness: Is used to identify the signer

For Notaries with commissions in a state not requiring additional witnesses, take note that some states allow the Notary to be a witness, while certain states do not.

Suggestion is you add the witness’s name to the additional information or notes section of your journal.

Even in the limited situations when a Notary can also witness the document, don’t serve as both unless absolutely necessary, and don’t volunteer to be both Notary and witness. Having an additional set of eyes witnessing the signature could be helpful if some part of the transaction is questioned in the future.

jeff jeffy answered 2 months ago

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