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Can the mother of a grantee act as a subscribing witness to a deed where she has no interest in the transaction and no notary...

Can the mother of a grantee act as a subscribing witness to a deed where she has no interest in the transaction and no notary...

Q: Can a family member be a witness for a notary?

Yes, a family member can serve as a witness for a notary, provided they do not have a financial interest in the transaction. The witness must be disinterested, meaning they should not benefit from the agreement. However, it's important to check your state’s specific laws regarding witness requirements, as they can vary.

Q: Can you notarize a document that has no notarial certificate?

Yes, you can notarize a document without a notarial certificate. In such cases, the notary should create a new certificate that outlines the notarial act performed. This ensures that the notarization is valid and meets legal requirements. Always follow your state’s guidelines for creating notarial certificates.

Full question:

Can the mother of a grantee act as a subscribing witness to a deed where she has no interest in the transaction and no notary is available?

Category: Real Property
Subcategory: Deeds
Date: 04/07/2025
State: New York

Answer:

Our information is that two subscribing witnesses are needed, and a notary is not required. Further, the mother of the grantee without a financial interest in the transaction would be considered 'disinterested' and would be an acceptable subscribing witness.

We cannot give legal advice. The foregoing may be incomplete or wrong, and is not a substitute for the advice of a local attorney.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What steps must a notary public take when there is no notarial certificate on a tangible record?

When there is no notarial certificate on a tangible record, a notary public should first confirm the identity of the signer and ensure they understand the document. The notary can then create a new notarial certificate that accurately reflects the act being performed. This includes stating the date, the type of act, and the details of the signer. It's essential to follow your state's specific requirements for notarial acts, as they may vary.

What makes a notarized document invalid?

A notarized document can be deemed invalid for several reasons, including lack of proper identification of the signer, failure to follow state-specific notarial procedures, or if the notary did not witness the signing. Additionally, if the document is altered after notarization or if the notary had a conflict of interest, these factors can also invalidate the notarization.

Can a family member be a witness for a notary?

Can you notarize a document that has no notarial certificate?

What to do if there is no notarial certificate?

If there is no notarial certificate on a document, the notary should assess the situation and, if appropriate, create a new certificate that reflects the notarization. This includes detailing the act being performed, the date, and the signer's information. It’s crucial to adhere to your state’s notarial laws when doing this to ensure the validity of the notarization.

What is a subscribing witness for notary?

A subscribing witness is a person who witnesses the signing of a document and then signs the document themselves, affirming they saw the principal sign it. This is often used when a notary is not available. The subscribing witness must be disinterested, meaning they should not have any stake in the transaction, to ensure the integrity of the witness's testimony.