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While many CO notaries know that they cannot serve as a witness on a document that they will notarize IF the document is filed in CO, many do not realize that it is illegal for a CO notary to do this no matter where the document is being filed. So you guessed it, when we get those requests for Florida loan packages, we are told we can serve as one witness and that we will need another to be present at the closing. The truth is we need 2 witnesses if we plan on notarizing the documents!
The CO Secretary of State had this to say, "If a notary signs as a witness, they are then named on the document as a witness and can no longer sign as a notary. If they do, they are subject to suspension or revocation of their commission. The document is also voidable, meaning it may not be legally effective."
Asked if it makes a difference where the documents are being filed or where the property is located.. specifically if the property is in FL and the documents are being filed in FL the response was: ".... you would need two witnesses, other than the notary, for a Florida signing."
See law highlighted below:
"24-21-504. Authority to perform notarial act
(1) A notarial officer may perform a notarial act authorized by this part 5 or by law of this state other than this part 5.
(2) A notarial officer shall not perform a notarial act with respect to a record in which the officer has a disqualifying interest. For the purposes of this section, a notarial officer has a disqualifying interest in a record if:
(a) The officer or the officer's spouse, partner in a civil union, ancestor, descendent, or sibling is a party to or is named in the record that is to be notarized; or
(b) The officer or the officer's spouse or partner in a civil union may receive directly, and as a proximate result of the notarization, any advantage, right, title, interest, cash, or property exceeding in value the sum of any fee properly received in accordance with this part 5.
(3) A notarial act performed in violation of this section is voidable."
CO SOS goes on to say:
"I would say about 25% of our suspensions and revocations are due to a violation of the disqualifying interest where the notary’s name appears somewhere on the document other than the notarial certificate." So, make sure that when you are serving as a notary on a document, the only place your name shows up on it is as the notary, on the notary certificate!
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