Is the witness performing escrow or closing services?
Some states regulate escrow services, either by specific regulation of escrow or closing services or by separate regulation of title insurance. Witness signings would not appear to be such escrow or closing under most state laws. According to American Jurisprudence: “To create an escrow, there must be a depositary with instructions from the parties as to their agreement concerning the delivery and taking effect of the escrow instrument, who agrees to accept the custody of the instrument upon the terms specified in the agreement of the parties . One cannot be held liable as escrow agent or trustee unless he has expressly, or by necessary implication, agreed to act as such and is aware of the terms under which the deposit is made and the conditions upon which it may be released.” The witness services do not manifest the characteristics of a depositary any more than do messenger or other delivery services; the witness will not maintain possession of documents until performance of any cond
