Posted by Grammy824/NC on 3/14/06 9:52pm
Msg #105049

Do we require witnesses in North Carolina?

I have a closing tomorrow and the DOT has two signature lines for witnesses. I asked the borrower if he could provide two witnesses and he said he does not want anyone he knows to know that he is refinancing--that it's nobody's business. Am I required to find two witnesses to accompany me to the signing, or are witnesses required in NC?

Reply by PAW on 3/14/06 10:00pm
Msg #105051

Witnesses are NOT required in NC, unless the lender so dictates.

The following list of states that require witnesses for **recording of a mortgage or deed of trust** is for those who don't already have it. (You won't find this information in your notary handbooks.)

2005 State Witness Requirements (as determined by PROPERTY LOCATION)
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CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY
GA - 2 witnesses, one MUST be the notary
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one can be the notary

NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) VT - Effective 7/1/04, Act 150, Sec. 1.27 V.S.A. §2 was amended to remove witness requirements.
3) Lenders may require witnesses, even though there is no state requirement.

Reply by Grammy824/NC on 3/14/06 10:08pm
Msg #105057

Thank you, PAW, for your response.

Reply by M_Gall_CA on 3/14/06 10:36pm
Msg #105065

I am in Calif. and have found that several times. The lenders were out of state. Form were standard ones that they used in other states. I just ignored the witness part.

Reply by Brenda_NC on 3/15/06 6:59am
Msg #105097

I'm in NC and find you need to seriously study NC notary laws and handbook. I also suggest a course specifically designed for the business of loan signings. You're questions are very basic.