Posted on: 29th Oct, 2006 10:50 pm
my mother has a quit deed which was deeded to my sister but my mother does not remember signing it plus the notary public was also one of the two witnesses,mom saids she has never signed anything in front of her plus she (notary public ) signed as a witness under her nic name and last name but signed as the notary public with her real first and last name.can she even be a witness?
a notary public can be the witness when a quit claim deed is signed. actually, the deed is recorded after it is signed by the notary public.
Hi,
Notary can be a witness but I am not sure if she can sign as a witness by her nick name.
Notary can be a witness but I am not sure if she can sign as a witness by her nick name.
This depends on the state. The laws and statues of your particular state will determine if the deed is even valid. I know for a fact courthouses have rejected documents because of the lack of witnesses. The deed will have a book and page or index number and recorded date located on it.
Well as for not remembering signing this deed, your questions should be simple, 1) does it look like your Mom's signature 2) did she refiance or take a loan when the deed was dated 3) have fun with that
Well as for not remembering signing this deed, your questions should be simple, 1) does it look like your Mom's signature 2) did she refiance or take a loan when the deed was dated 3) have fun with that
Not all States require a witness signature, but they all require a Notary Public signature. Your mother would have had to sign in the presence of the notary public and provide identification. All States have access to the records of the Notary Public. Contact your Secretary of State and find out how to reach the Notary Public, then contact the Notary for proof that your mother signed in their presence (most states require the Notary keep a journal which would include your mother's name, date of sigining, ID # used and signature). A notary can use a nickname if they are registered that way with the State. Hope this helps!
Diane
Reno Notary
Diane
Reno Notary
I am notarizing a Power of Attorney which requires 2 witnesses. Can I sign as a witness if I am the notary and if so, does it matter whether I am witness #1 or #2?
a nickname? that's bizarre.
also bizarre is your question marjie...don't you have the rules and regulations concerning your position as a notary? if you don't then that's not just bizarre, but scary.
also bizarre is your question marjie...don't you have the rules and regulations concerning your position as a notary? if you don't then that's not just bizarre, but scary.
Can a notary also be a witness?
Hi
I don't think a notary can be a witness. The reason I think this is not possible is that notarizing your own signature is not allowed by law. Thus, it is not possible for a notary to sign on the deed as a witness an then notarize his own signature. However exeptions do exist.
I don't think a notary can be a witness. The reason I think this is not possible is that notarizing your own signature is not allowed by law. Thus, it is not possible for a notary to sign on the deed as a witness an then notarize his own signature. However exeptions do exist.
oh my
when witnessing a document, a notary would not be taking an oath from him- or herself. this is not a case of "witnessing one's own signature."
of course a notary can be both a witness and the official taking an oath from another person.
when witnessing a document, a notary would not be taking an oath from him- or herself. this is not a case of "witnessing one's own signature."
of course a notary can be both a witness and the official taking an oath from another person.
can a notary in california be a witness to divorce documents that he/she is notarizing?
Hi concerned,
I believe the notary can also act as a witness.
I believe the notary can also act as a witness.
the answer is "yes."
I recently had an official document notarized and the notary made it quite plain that she could not be one of the witnesses. She was only notarizing that the signature was in fact mine. It is my understanding that as for mortgages it takes 2 witnesses to make a mortgage in the State of Florida a Legal Document.
i suppose different states would have different rules, so you would want to check with your ruling agency of whatever state you're in, be it florida or california or even a state of confusion. in connecticut, we apply through the secretary of state's office to become notaries. each state may have a different agency, but that information ought to be readily available.
"May I sign a document as one of the witnesses if I am also acting as the notary public for that transaction?"
"Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions. Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. City of Jacksonville, 360 So.2d 52 (1978). However, before signing as a witness, the notary should ensure that the document does not require the notarization of the witnesses' signatures. For example, a self-proof affidavit on a will or codicil requires the notarization of the signatures of the testator and both witnesses. If the notary signed as a witness in this instance, he or she would be notarizing his or her own signature, which is a criminal violation of the notary law.
The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. Absent such specific notation, the law presumes that all signatures were notarized. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific.
Therefore, providing that the document does not require the notarization of the witnesses' signatures, the notary may be one of the two subscribing witnesses as well as the notary public."
notaries.dos.state.fl.us/education/faq/index.html
"Generally, a notary public may sign as one of the witnesses and as the notary public on a document. In fact, it is a common practice among Florida notaries, particularly on real estate transactions. Typically, you will see the title clerk sign as one of the two required witnesses and then notarize the document signer's signature. In addition, a Florida court has held that "there is nothing to prevent a notary from also being a witness." See Walker v. City of Jacksonville, 360 So.2d 52 (1978). However, before signing as a witness, the notary should ensure that the document does not require the notarization of the witnesses' signatures. For example, a self-proof affidavit on a will or codicil requires the notarization of the signatures of the testator and both witnesses. If the notary signed as a witness in this instance, he or she would be notarizing his or her own signature, which is a criminal violation of the notary law.
The notary should also certify in the notarial certificate the name of the person whose signature is being notarized. Absent such specific notation, the law presumes that all signatures were notarized. Thus, the notary could unintentionally notarize his or her own signature if the notarial certificate is not specific.
Therefore, providing that the document does not require the notarization of the witnesses' signatures, the notary may be one of the two subscribing witnesses as well as the notary public."
notaries.dos.state.fl.us/education/faq/index.html