According to Texas Prop. Code 12.001(b), an instrument for recording either needs to be signed and acknowledged by the grantor in the presence of two or more witnesses OR acknowledged by a notary.
The language reads:
An instrument conveying real property may not be recorded unless it is signed and acknowledged or sworn to by the grantor in the presence of two or more credible subscribing witnesses or acknowledged or sworn to before and certified by an officer authorized to take acknowledgements or oaths, as applicable.
FNMA requires the security instruments to conform with their model forms and generally does not allow modification unless specifically provided for in the FNMA form specific instructions. Form 3044.1 provides for witness signature lines, and the form instructions do not have any allowance for removal of the witness lines.
Since witness signature lines are not required by Texas law, we did not have witness signature lines on our TX Home Equity 3044.1 Deed of Trust (Cx6178). However, the more conservative approach is to have two witness signature lines as it follows FNMA guidelines more closely. We are updating Cx6178 to add these witness signature lines.
This change will be in effect on November 24, 2022, and is now on Stage servers for testing. If you have any questions or concerns about this change, please contact Client Support at 1.800.497.3584.
DR-138021