Posted by Negrete on 10/1/06 8:34pm
Msg #149691

South Carolina Closings

Am I wrong in thinking that a notary can close a Fl property in South Carolina ?

I lost a closing to another SS because they said that they could use a notary in SC to close a FL property.

Anthony J Negrete
Negrete's Notary Service Inc.

Reply by PAW on 10/1/06 10:03pm
Msg #149701

Tony,

My understanding is that in SC (as well as GA and DE), that the person performing the "closing" must be an attorney or directly supervised by an **attending** attorney. Therefore, unless the notary has a working relationship with the attorney and the attorney is present, then the notary was in violation of the state law.

Further, the law does not differentiate between closing on in-state property versus out-of-state property, as it is not the property location that determines the requirements, but the location of the transaction (i.e., the signing) that is the determining factor.