Notary needed in which cases?

Question

I downloaded a whole bunch of forms and this one "Addendum to Option to Purchase Agreement" calls for a "witness" to sign.  
Which documents that you are signing do you need a notary present and which don't?

Ingrid Nagy · Answer

A witness is anyone who sees a person's signature.  If a Notary is required, there will be specific language on the form stating where the Notary signs and affixes their seal.

Dave Toelkes · Answer

Why do you record a contract?  Are you doing it to cloud title in case the homeowner sells to someone else while you have the property under option?
                        
                        If so, then you have two options
                        
                        1.  Get the contracts signed now to tie up the property.  Bring in a notary at a mutually convenient time to execute the contract all over again, and to notzrize the signatures.
                        
                        2.  Either bring a notary with you, or have a travelling notary on speed dial who can arrive within a few minutes after you call.

Just how I see it.

Jeff Fairchild · Answer

So basically every time I want to buy a house I'll set up an appointment and then the sellers say "ok yes we want to fill out a contract" and then I will have to say, well sorry, a notary is required, so I'll have to track one down or you'll need to travel with me to go to one?  Or I could always say "I expected you'd say yes, so I have one waiting in his car outside your house I'll bring him in"

Dave Toelkes · Answer

The general rule for when to use a notary instead of a witness is -- if the document is to be recorded, use a notary.  You generally don't need a notary for documents that won't be recorded at the courthouse.

Account Closed · Answer

Some states have specific rules for specific documents that either require a notary or give preferential treatment if notarized. Most lawyers will use a notary for most documents they generate requiring a signature. This is especially true for things like Wills and Estate planning documents because by their nature the signatory is not going to be around to vouch for their own signature after they are dead and their wishes are being implemented.

Having a notary validate the identities and signatures is never a "bad" thing. It generally makes a document easier to admit into evidence if needed and establish the authenticity of the parties involved.

A witness and a notary are not the same. A "witness" is vouching they actually saw the signatures be put to paper but their credentials are not presupposed to be valid. A notary's are. They are registered with the county and their identity is proven and they have that nifty seal to prove it.

Be careful in the non-notary witnesses you choose to use. They can't be connected to you or derive any benefit from the transaction to be accepted by a court, should that be needed.

Jeff Fairchild · Answer

no one knows the answer to this?

Notary needed in which cases?

Most Popular Reply