Posted by Sylvia/FL on 4/8/2005, 10:41 pm, in reply to "Re: Questions re:Witnesses" But it is not our job to provide a witness.
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Yes, sometimes it is a lenders requirement. In those cases (and there are very few for me, as I usually only work with title companies, and most of them know witnesses are not required), I tell the borrowers that they are going to have to get another witness. Often, they do not like that and want to know why. I tell them that the lender is requiring it and they need to ask the lender why they are requesting witnesses. If they say they cannot get one, or will refuse to get one as they don't want others knowing their business, then I call the company and let them know. If they say to tell the borrowers that it is a Florida requirement, I let them know that I will not lie to the borrowers. I will fax them the statute where they can see witnesses are not required. Often they will then waive the witness requirement. If they ask me to provide a witness I tell them there would be a $25 fee for the witness. I then have my husband witness the signing of the mortgage.
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