Witness requirements during notarization of closing documents vary by state. When a closing involves a property in one of the states below, you MUST communicate the respective witness requirements to your borrower before the time of closing.
A witness is an additional person (who is a legal adult) with no financial interest or connection with the transaction and document being signed during the notarization. Neighbors, friends, and co-workers are often asked to act as a witness for such purposes. If the notary can be one of the witnesses, the notary must sign in both places: as the witness and as the notary.
Connecticut:
- 2 witnesses are required.
- 1 witness can be the notary.
Delaware:
- 1 witness is required.
- The witness can be the notary, but must sign as both the notary and as the witness.
Florida:
- For deeds, 2 witnesses are required, and 1 witness can be the notary.
- For mortgages, NO witnesses are required.
Georgia:
- 2 witnesses are required.
- 1 witness MUST be a notary.
Indiana:
- 1 witness is required.
- The witness signature must also be notarized, meaning that the witness MUST bring identification to the signing.
Louisiana:
- 2 witnesses are required.
- The notary CANNOT be a witness.
South Carolina:
- 2 witnesses are required.
- 1 witness can be the notary.
Tennessee:
- If the document is notarized, NO witnesses are required.
- If the document is NOT notarized, 2 witnesses are required.
- The notary CANNOT be a witness.
Vermont:
- 1 witness is required.
- The witness can be the notary, but must sign as both the notary and as the witness.
Questions about these requirements? Send us an email or give us a call.
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