Posted by Genkichan on 9/27/06 5:26pm
Msg #148913

Urgent ? for SC and MD closers

Hi there--your opinions please from SC and MD closers.

The Mortgage on a SC property has a notarial section as follows:

Personally appeared before me ____borrower's name requested here __ and made oath that he/she saw the within named Borrower sign, seal, and as his/her/their act and deed, deliver the within written Mortage, and that he/she with ______2 witnesses names requested here____, witnessed the execution thereof.


__________________(requested other witness signature here)

Sworn to me before me this 27th day Sept. 2006

__________(notary signature here)

No other notarial sections provided.

First of all, it does not appear that I would be notarizing the signature of the borrower on the Mortgage, who's signature is on the previous page. Second, it appears that they are asking me to notarize my own name as one of the witnesses, which I cannot do.

MD is not a witness state. My intention is to follow MD notarial procedures, and provide two loose acknowledgements, one for the borrower, and one for the other witness signer. Can anyone from SC tell me what they think of the above notarial section on the Mortgage and if it's even normal? Would two loose acknowledgements from me do the trick?

For those in MD, would you do the same as I propose, or something else?

Thank you.

Reply by Genkichan on 9/27/06 5:28pm
Msg #148914

Oops! My mistake, I would be notarizing the borrower's signature with the current notarial wording. Sorry, I"m in a hurry!

Reply by Regal/NC on 9/27/06 6:13pm
Msg #148920

Call the SC attorney that is supervising the transaction. n/m

Reply by Regal/NC on 9/27/06 6:29pm
Msg #148929

If no SC attorney, what ur derrière!!! n/m

Reply by Genkichan on 9/27/06 8:02pm
Msg #148953

Re: If no SC attorney, what ur derrière!!!

Yes I called him and we worked it out. I just thought someone else could briefly explain SC mortgages to me.

re-correction from my earlier post...the borrower's signature on Mortgage was not notarized after all..just the witness's signature got notarized. I just find it very weird that the borrower's sig. would not get notarized. It is required in MD per our notary handbook, so I also attached a loose cert. acknowleding her sig. on the mortgage. They can throw it away if they want to on their end, but at least I did what I was supposed to..and met everyone's needs.

Reply by Gerry_VT on 9/27/06 9:52pm
Msg #148973

Re: If no SC attorney, what ur derrière!!!

I once saw a similar form in Vermont. A man had deposited his will at the county courthouse, and wanted to get it back so he could replace it with a new one. He had to sign the request form in front of a witness (who was not a notary) and then the witness had to swear, in front of a notary, to the identity of the person who wanted the will. The notary did not directly notarize the will-maker's signature.