Posted by NCLisa on 1/4/08 3:02pm
Msg #228971

Asked SOS a question as recording standards and notary

standards are starting to conflict.

For years in NC, Jane Mary Doe buys a house, and marries John Smith, she will most likely change her name to Jane Doe Smith. Her SS card and DL will reflect the new name. Unlike a lot of states, where people record new deeds with marriages/divorces/deaths/name changes, they don't in this state. So as often happens, when Jane and John go to sell the house, Jane signs the deed as Jane Doe Smith f/k/a Jane Mary Smith and Jane Doe Smith is the name that is inserted into the ack. Never a problem, well now several ROD's offices are refusing to record docs where both names are not inserted into the ack. They stated that the ack was incomplete without both names, and I explained that I can't put both in there, as the only ID given was was for Jane Doe Smith.

So I contact the SOS office and explain. At first I'm told that I have to follow the ROD requirements and I state that if I do, then I'm violating NC Notary law. So she sends the question to someone else, and again they refer me to ROD standards. So I reply that as a notary, if I don't have a picture ID with that name on it, how can I be sure she really was Jane Mary Doe and notarize that name also?! I'm told to accept a old DL with the name on it, and I have to remind her that NC notary guidelines state that it must be a current unexpired ID.

I'm finally asked about why I care about doing it the right way, as so many attorneys in this state blatantly violate the notary guidelines daily, and their notarial staff goes right along with it. Hearing this was rather upsetting that they know what's going on, and aren't doing jack about it!

The final answer was to ask to see a marriage cert and to fill in the ack the way the ROD wants it. Which is still a violation of notary guidelines in this state. You would think that since the SOS mandates ROD recording guidelines and notary standards, that they would try to work it out, so they don't conflict.

I guess this is what happens when the SOS is an attorney, she allows the attorneys in this state to think they are above the law, and it seems that they are at least above our notary law.

Reply by Tony_FL on 1/7/08 2:50am
Msg #229179

Lisa, who actually issues your notary commission in NC? Here in Florida, we are under the Secretary of State's office however, our actual commission is issued by the Governor of the state.

In this case, I would write a letter personally addressed to the Governor (or whoever commissions you) and ask them to put it into writing back to you, that they want you to follow the ROD requirements INSTEAD of the requirements as set forth in the state law (statutes).

I would also let them know that until such point in time that they notify you in writing, on official stationary, I would continue to follow the requirements as set out by statute and the ROD can deal with it however they want.

Regards, Tony

Reply by desktopfull on 1/7/08 7:57am
Msg #229187

"I guess this is what happens when the SOS is an attorney, she allows the attorneys in this state to think they are above the law, and it seems that they are at least above our notary law. "

Maybe that's why so many lawyers run for political office. Think about it, look at how many lawyers are currently holding a politcal office. Also, what is a lawyer's favorite thing to do? argue. Maybe that's why there's so much fighting in Congress, to many of them are lawyers.