Why witnesses are required
Some states or lenders require witnesses to confirm that the signer signed willingly. A witness watches the signature and then signs, sometimes with a printed name and address. This is separate from a notary's act.
Have a closing coming up? The closing package (signing, scanbacks and courier).
Whether witnesses are needed depends on the state where the property lies and the lender's instructions.
Who can be a witness
Rules vary. Often a witness must be an adult who is not a party to the transaction and does not benefit from it. Some places do not allow the notary to serve as a witness on a document they notarize, and others do. The title company will state its rules.
Family members who are borrowers or sellers generally should not witness.
Arranging witnesses
Ask the title company in advance whether the package needs them and who supplies them. If not, a signing agent or a witness service can provide an unrelated adult. Ask whether the witnesses must be present for the whole signing or just certain pages.
Do not recruit a witness who cannot show ID if the document requires it.
How the signing runs
The signer signs while the witnesses watch. Each witness signs and prints their name on the lines provided. The notary then completes the notarial certificate. Everyone should avoid filling anything out of order, since a rushed sequence can make a certificate wrong.
If two witnesses are needed, both should be present at the same time.
Related roles
A second notary sometimes appears when the signer is in a hospital or when the lender wants a separate person for another task. A subscribing witness may sign for someone who cannot sign, under strict conditions. Always follow the document's instructions and the sender's guidance. If you are unsure whether a witness is needed, call before the appointment. A missing witness can force a reschedule.
Example and tips for hosts
A buyer in a state that requires two witnesses on the mortgage arrives with a signing agent. The agent is a notary but cannot serve as a witness on that document under the title company's instructions. The buyer's neighbor and a second agent step in as witnesses, show ID, sign, and print their names.
Without that arrangement, the lender would have rejected the mortgage.
Tell the title company how many people will be physically present. Keep the witnesses in the room from start to finish of the relevant pages. Do not let witnesses hold the pen for the signer. Pay attention to the order of the signatures if the form numbers the lines.
Do not assume that a lender accepts any witness. Some require that witnesses be present at the signing and sign immediately, with no later additions. Adding a witness signature after the fact can make a document unusable. If a witness is missing, pause and reschedule the affected pages, instead of improvising with someone who was not there.
Common questions
Can a notary witness and notarize the same document?
Rules differ by state and document. The title company's instructions control.
Do witnesses need ID?
Often yes, or at least to print their name and address. Check the package.
Can the signer's spouse be a witness?
Usually not, since they have an interest in the transaction.
More notary guides
- Notary Conflict of Interest: When to Step Aside
- Notary Visits to Nursing Homes and Assisted Living
- Corporate Resolutions and Secretary's Certificates
This guide is general information, not legal advice. Fees and procedures change; check with the office involved or an attorney for your situation.