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Can a Witness (who attests to someone's signature on a legal document) also notarize that document?
Anonymous6 views3 answers
If you have a legal document, whether its a Quitclaim Property Deed or a Contract, can a Witness to the signatory also be a notary? In essence, can the Witness to the Signer of the Document Notarize the same document? If so, how is that acceptable?
No, but the concept is useless. Why would you need a witness if you have the signature notarized? A notary assures that the person whose signature is on the document actually signed. In essence, they are actually as a super witness.
Richard J. ChertockReal Estate AttorneyMelville, NY ·
no. the witness and the notary should not be the same person, however, if the document is being notarized there is no reason to have the signature witnessed in the first place.
In concurrence with my fellow colleagues... if you have the document notarized, you don't really need a witness unless a statute specifically requires certain formalities (e.g. Wills). That being said, if you are going to the trouble to have both a witness and notary... the witness and notary should not be the same (a Notary Public who takes their office / duties seriously would probably not agree to do this anyway).
