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In Florida, if a notary acts as a witness where two are required and then notarizes their own signature,
Anonymous4 views3 answers
in clear violation of Fla. 117.05(1) (it is unlawful for a notary public to notarize his or her own signature.), is the document deemed invalid, incomplete, or broken due to the criminal (felony class 3) activity of the notary?
Since you have posted this question under real estate, I am going to speculate that you are referring to a deed or mortgage when I say that if a proper deed or mortgage was used that the notary did nothing wrong.
A notary can be a witness to the signing of a deed or mortgage by the principal, and then take what is called the "acknowledgment" from the principal.
Read the document. After the signatures of the principal and witness does it have language similar to that shown in Section 117.05(13)(b)? If so, the notary has done nothing wrong as the acknowledgment refers to the principal, not the witness.
If the document were an affidavit, the form would be similar to the language found in Section 117.05(13)(a), and the notary is saying that the principal who made the statement swore that the information was true and correct.
deed. If it is a proper acknowledgment, the portion signed by the notary has above it language
The answer depends on the type of instrument and the function the notary is providing. As Attorney Lampert said, in a deed it is appropriate to be one of the witnesses because the notary is only taking the acknowledgment of the grantor in the deed. On the other hand, in a will, the notary is taking the oaths of the witnesses and the grantor. In such a case it would be inappropriate for the notary to be a witness. If you are unsure whether a particular document is properly executed, you should consult an experienced real estate lawyer in your area.
A notary can be a witness. See Edwards v. Thom (25 Fla. 222). It's also on the FL notary website. ALL the notary is notarizing is the authenticity of the actual person signing the document- that one signature. The witnesses show that they were present when signed but the notary is not notarizing the witnesses signatures. You should be careful what violations of law/criminal acts you throw around that are simply incorrect.