Legal Question in Real Estate Law in Florida

Florida Notary Witness

I recently learned that the notary

that did my closing, added a witness who was not at closing, but

swore he/she witnessed our signature. Is this mortgage legal and recordable?


Asked on 11/04/07, 10:14 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Florida Notary Witness

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Although the notary's actions were not proper, the mortgage is still legal and valid. The notary's signature can actually be counted as one of the witnesses and thus only one other witness is really necessary although two are usually the norm.

Scott R. Jay, Esq.

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Answered on 11/05/07, 12:02 am


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