Document Update: Fannie Mae Makes Witness Lines Optional in 07/2021 Texas Home Equity Security Instrument Form 3044.1 (Cx25323)

Fannie Mae recently updated the Instructions to Form 3044.1 – 07/2021 Texas Home Equity Security Instrument (Our Cx25323) by adding Paragraph 9 which reads:

“Lenders MAY delete the word “Witnesses” and the two accompanying lines for witness signatures that appear to the left of the Borrower signature lines on the last page, if the document is notarized.”

The Instruction in Paragraph 9 aligns with Texas Prop. Code § 12.001(b) which states:

“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.”

As such, Cx25323 – 3044.1 TX Home Equity Deed of Trust 2021 has been updated to default to print without witness lines. If clients choose to print witness lines, the following field needs to be set as:

Print Witness Lines on Security Instrument (95509) = Yes

When Field 95509 is set to “Yes”, witness lines will appear beneath the word “Witnesses”.

Accordingly, Cx6178 – TX Home Equity 3044.1 Deed of Trust has also been identically updated, reversing Docutech’s announcement from November 18, 2022.

These changes will be in effect on March 16, 2023. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.

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The preceding is for informational purposes only and is not and may not be construed as legal advice. No third party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third party should consult with an attorney prior to embarking upon any specific course of action.