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Witness Requirements for Deeds and Mortgages
List of states that require witnesses on documents that convey property ownership (e.g., deeds) and/or security instruments (e.g., Mortgages and Deeds of Trust). State Witness Requirements (as determined by PROPERTY LOCATION) 2009 CT - 2 witnesses on deeds of conveyance, one can be the notary. - See notes below. FL - 2 witnesses on deeds of conveyance, one may be the notary (F.S.A 695.03 & 689.01). - See notes below. GA - 2 witnesses on both deeds of conveyance and security instruments, one may be the notary (GA Code - Title 44 § 44-14-33). LA - 2 witnesses on both deeds of conveyance and security instruments, CANNOT be the notary. SC - 2 witnesses on both deeds of conveyance and security instruments, one may be the notary. NOTES: CT - Mortgages DO NOT require witnesses, though it is recommended. DEEDS (QuitClaim, Warranty, etc.) do. FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do. NOTE: Dixie County requires two witnesses (one can be the notary) on Deeds and Mortgages. Per the Clerk of the Court, Dana Johnson. MI - No longer requires witnesses. MCLA 565.201 - Requirements for recording with register of deeds - amended April 1, 1997 MN - Witnesses are not required on conveyances or mortgages executed in Minnesota. Minnesota Statute Section 386.39. NC - Witnesses are not required on conveyance documents (deeds) nor security instruments (DOT). HOWEVER, the notary may not act as a witness if witnesses are used or required on any document. (Source: NC SOS website FAQ item #13. Link information provide by Lynn Lowry) OH - On November 2, 2001, Governor Taft signed into law Substitute House Bill (Sub. H. B.) 279, which repealed part of Ohio Revised Code (O.R.C.) Section 5301.01 requiring two witnesses to attest, sign and subscribe their names to documentation associated with real estate transactions (i.e., deeds, leases, mortgages, land contracts). RI - Per Stewart Underwriting Manual, witnesses are not required on conveyance documents (deeds) nor mortgages. TX - Per Stewart Underwriting Manual, witnesses are not required on conveyances or mortgages executed in Texas, unless the person signing does so by making a mark instead of signing. VT - Witnesses are no longer required. 27 V.S.A. 341 Amended 2004 Lenders may require witnesses, even though there is no state requirement. Last update: October 15, 2009
Article Details
Date Created	July 28, 2009
Submitted by:	Paul Williamson <Paul@PAWnotary.com>
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