Witness Requirements

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R.E.P. by Practice (Answer)
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Alabama Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Conveyances and mortgages must be in writing and attested to by one witness. If a party cannot write their name but makes their mark in the alternative, then two witnesses are required. In either case, one witness may be the notary.


R.E.P. by Practice (Answer)
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Alaska Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None: normal notarial acknowledgment is sufficient. (Alaskan postmasters may serve as notaries, using registered mail canceller as seal.)


R.E.P. by Practice (Answer)
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Arizona Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Notarized only; no witnesses are typically required unless the notarization requires it, such as person executing is blind, marks with an X.


R.E.P. by Practice (Answer)
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Arkansas Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None.


R.E.P. by Practice (Answer)
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California Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required on deeds or deeds of trust except in rare circumstances.


R.E.P. by Practice (Answer)
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Colorado Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None.


R.E.P. by Practice (Answer)
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Connecticut Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Two witnesses are required on a deed or a mortgage. In addition, the grantor’s/mortgagor’s signature must be acknowledged.


R.E.P. by Practice (Answer)
11/08/2024
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Delaware Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No; however, it is customary for both documents to be witnessed.


R.E.P. by Practice (Answer)
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District of Columbia Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Attestation by a notary public is required. There is no requirement for a witness.


R.E.P. by Practice (Answer)
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Florida Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Deeds of Conveyance: Requires two witnesses and a notary acknowledgment.

Mortgages: Do not require witnesses but must be acknowledged to be recorded.

Powers of Attorneys: Requires two witnesses and a notary acknowledgment.


R.E.P. by Practice (Answer)
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Georgia Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Standard acknowledgments are seldom used in Georgia because of the requirement that a conveyance of real estate must be attested by both an officer with notary powers and an unofficial witness. Regardless of how a deed, security deed and certain other instruments affecting title are prepared or where these documents are sent to be executed, all deeds filed for record in Georgia must be executed by the grantor and attested (i.e. witnessed) by two people who actually see the grantor execute the deed and who subscribe their respective names to the deed as a witness to that fact in order to meet Georgia's requirement for recording. One of these two witnesses must be an officer as prescribed under OCGA 44-2-15. When the authorized officer is a notary public, the notary must also affix his or her seal and confirm the identity of the document signed, oath taker, or affirmant based upon personal knowledge or on satisfactory evidence. Deeds merely signed by the Grantor, but not witnessed, are binding between the parties but not entitled to be recorded.

REQUIREMENTS FOR RECORDING INSTRUMENTS IN GEORGIA:

General Method. The most common deed execution method is as follows:

Signed, sealed and delivered

In the presence of

_______________________________ __________________________(Seal)
Unofficial Witness (Grantor 1 Signature)

_______________________________
Notary Public

Commission Expiration Date:

(NOTARY SEAL)

_______________________________ __________________________(Seal)
Unofficial Witness (Grantor 2Signature)

_______________________________

Notary Public
Commission Expiration Date:
(NOTARY SEAL)

Second Method (based on California Jurat attestation):

Signed, sealed and delivered

In the presence of

_______________________________ __________________________(Seal)
Unofficial Witness (Grantor 1 Signature)

A notary public or other officer completing this
certificate verifies only the identity of the individual
who signed the document to which this certificate
is attached, and not the truthfulness, accuracy, or
validity of that document.

State of California County of ____________________

Subscribed and sworn to (or affirmed) before me on this ________ day of __________, 20_____, by_____________________________________, proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me.



(Seal) Signature__________________________


R.E.P. by Practice (Answer)
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Hawaii Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Not required.


R.E.P. by Practice (Answer)
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Idaho Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

A witness is not required on a deed or security instrument. Instead, the document must be properly acknowledged for recording. See Idaho Stat. 55-805.


R.E.P. by Practice (Answer)
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Illinois Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None.


R.E.P. by Practice (Answer)
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Indiana Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No.


R.E.P. by Practice (Answer)
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Iowa Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Not required.


R.E.P. by Practice (Answer)
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Kansas Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witness requirements.


R.E.P. by Practice (Answer)
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Kentucky Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required for deeds and mortgages, however, both must be acknowledged. KRS 382.270.


R.E.P. by Practice (Answer)
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Louisiana Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

All mortgage documents and their riders should be in authentic form in accordance with La. Civ. Code art. 1833, that is, signed before a notary and two witnesses. The issue of authentic evidence is important when it comes to the collection of a debt secured by Louisiana real estate. The quickest and the most efficient way to foreclose is by way of "executory process," which is an ex parte in rem procedure whereby a creditor enforces a mortgage or security interest containing a confession of judgment. In order to qualify for an executory proceeding, the creditor must attach authentic evidence of each and every link needed to prove the right to use executory process.


R.E.P. by Practice (Answer)
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Maine Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Deeds and mortgages need not be witnessed, but they must be acknowledged.


R.E.P. by Practice (Answer)
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Maryland Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

In general, a notary acknowledgment is required for legal documents affecting title. Be aware that a notary acknowledgment and two witnesses (one of whom may be the notary) are required for Maryland powers of attorney.


R.E.P. by Practice (Answer)
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Massachusetts Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witnesses are required, but instruments must be acknowledged.


R.E.P. by Practice (Answer)
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Michigan Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are no longer required.


R.E.P. by Practice (Answer)
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Minnesota Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witness not required.


R.E.P. by Practice (Answer)
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Mississippi Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None.


R.E.P. by Practice (Answer)
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Missouri Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witnesses required.


R.E.P. by Practice (Answer)
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Montana Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required except for a corporate deed which must be either acknowledged or witnessed.


R.E.P. by Practice (Answer)
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Nebraska Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witness requirement.


R.E.P. by Practice (Answer)
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Nevada Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Documents presented for recordation must be notarized; witness to the execution of documents other than Notary not required.


R.E.P. by Practice (Answer)
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New Hampshire Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Deeds and mortgages need not be witnessed, but they must be acknowledged.


R.E.P. by Practice (Answer)
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New Jersey Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required although it is customary for the party taking the acknowledgment to act as a witness as well.


R.E.P. by Practice (Answer)
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New Mexico Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No.


R.E.P. by Practice (Answer)
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New York Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witness required.


R.E.P. by Practice (Answer)
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North Carolina Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Standard execution and acknowledgement is required for recorded instruments. No additional witnesses are required.


R.E.P. by Practice (Answer)
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North Dakota Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No. NDCC 47-19-03


R.E.P. by Practice (Answer)
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Ohio Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are no longer required.


R.E.P. by Practice (Answer)
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Oklahoma Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witnesses are required on a Deed or Security Instrument, with the exception of an instrument executed by one who is unable to sign his/her name; i.e., execution by mark. 16 O.S. §34.


R.E.P. by Practice (Answer)
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Oregon Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No.


R.E.P. by Practice (Answer)
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Pennsylvania Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

a) Witness on Deed and Mortgage by individuals not required

b) Attestation by corporate officer on Deed and Mortgage by corporation is not necessary; corporate seal is not required. See 15 Pa.C.S.A. §1506(b).


R.E.P. by Practice (Answer)
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Rhode Island Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No witnesses are necessary on deeds or mortgages.


R.E.P. by Practice (Answer)
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South Carolina Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Deeds, mortgages, and powers of attorney require two witnesses and must be notarized. The notary may use either an acknowledgment or probate (the probate being a South Carolina method of authenticating a document whereby the witnesses attest to the validity).


R.E.P. by Practice (Answer)
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South Dakota Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No.


R.E.P. by Practice (Answer)
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Tennessee Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required on a deed or deed of trust. Deeds and deeds of trust require a full acknowledgment. A jurat is not acceptable.

Generally, the language required is as follows:

Personally appeared before me, a Notary Public of the state and county aforesaid, duly commissioned and qualified, _________. With whom I am personally acquainted (or proved to me on the basis of satisfactory evidence), and who acknowledged that they executed the foregoing instrument for the purposes therein contained.

The language varies for corporations, LLC etc.


R.E.P. by Practice (Answer)
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Texas Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

No. Acknowledgement by notary is the norm. Two witnesses can replace the notary, but this is not common.


R.E.P. by Practice (Answer)
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Utah Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

A certificate of acknowledgement, proof of execution, jurat or other notarial certificate that is signed and certified by the officer taking the acknowledgment entitles the document to be recorded. See Utah Code Ann. § 57-3-103. Witnesses are not required.


R.E.P. by Practice (Answer)
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Vermont Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

There is no witness requirement; however, it is customary to include one witness line. All deeds must be properly acknowledged in accordance with 27 V.S.A., Section 341 (a).

For Example:

State of _________________
County of _______________________

At _______________________, in said County and State, this _____ day of _______________, 20XX, personally appeared Jill Spinelli, and she acknowledged the within instrument, by her subscribed, to be her free act and deed.

Before me, ____________________________

Notary Public

My Commission Expires:__________________


R.E.P. by Practice (Answer)
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Virginia Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Acknowledgment only; witnesses are not required on any deed or security instrument.


R.E.P. by Practice (Answer)
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Washington Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

None, other than acknowledgment.


R.E.P. by Practice (Answer)
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West Virginia Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Acknowledgment only; witnesses are not required on any deed or security instrument.


R.E.P. by Practice (Answer)
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Wisconsin Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

Witnesses are not required.


R.E.P. by Practice (Answer)
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Wyoming Witness Requirements

R.E.P. Topic by State (Question)

Are witnesses required on a deed or security instrument? If so, please describe.

A witness is not required on a deed or security instrument.