Posted by Regal/NC on 7/12/06 2:40pm
Msg #132748

How would you complete this SC Mortgage ACK

State SC County Williamsburg

Before me personally appeared (Witness & Notary) and made oath that (They) saw the within named Borrower sign, seal and as (?????) act and deed, deliver the within written Mortgage; and that (Witness) with (Notary) witnessed the execution thereof.


I have never encountered this wording before. I am thinking that the ??? entry is the borrower's gender. ie: His or Her.

It was to late at night to contact TC or Lender. Any comments or suggestions are greatly appreciated.

Reply by MistarellaFL on 7/12/06 2:42pm
Msg #132751

I agree the ??? is a pronoun issue: his, her, their.
But, I have never used a witness name in the "appeared before me personally" blank, but I am in FL.
Is that required in SC/NC?
Just curious.

Reply by SharonMN on 7/12/06 2:46pm
Msg #132752

Agree that ??? is borrower's gender his/her, but if you read the language, you will see that you would be doing a jurat on yourself, which is not allowed. Unless you have 2 notaries present, one to take the oath and another to notarize.

If you can't find anyone at TC or lender to advise, I would just give the witness the oath and cross out the notary part.

Reply by Becca_FL on 7/12/06 2:52pm
Msg #132756

No wonder SC is an atty. state. That cert. makes no sense to me. I'd call Title.

Reply by NCLisa on 7/12/06 3:06pm
Msg #132758

seal and as his/her/their act and deed

And obviously witness is the witness, SC requires 1 witness besides the Notary. Remember to sign on the witness line of the Mortgage also.

Reply by Regal/NC on 7/12/06 3:15pm
Msg #132763

Thanks for the feedback folks!!!

NCLisa, the one's I have done in the past I only signed were the Notary signature is required. Never signed above in the Witness line. If it wasn't correct, no one advised me.
Time to go, Happy Signings One & All!!