Legal Question in Legal Ethics in Florida
Notary added a witness to our mortgage
We recently learned a notary had a
witness to sign our mortgage after
the closing was over. We have no idea who this person is, but they did not witness our signatures. The
law states a witness has to be present on deeds and mortgages.
Is this recording legal?
Asked on 11/04/07, 11:12 pm
1 Answer from Attorneys
Alan Wagner
Wagner, McLaughlin & Whittemore P.A.
Re: Notary added a witness to our mortgage
It's probably just fine, since it does represent your agreement. You should contact the mortgagee and the notary, however, to question the addition of a signature. It is certainly not proper procedure and, depending on the wording of the notary seal, could be a violation of the notary statute.
Answered on 11/05/07, 8:26 am
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