Posted by bowie_MD on 4/6/07 4:32pm
Msg #184009

south carolina rules

I am a Maryland notary and will be doing a closing for property in SC. Title company said the borrower will have one witness, two are required.
also they sent me a mock notary page for the DOT. they crossed out South Carolina and wrote Maryland and then had initials of borrower and notary. This is my acknowledgement I do not need the borrower to initial do I?
thanks

Reply by Roger_OH on 4/6/07 5:33pm
Msg #184016

The acknowledgement/jurat block is for notary use only, and only the notary can make/initial corrections there. A borrower should never initial anything in that area.

Reply by SueW/Tn on 4/6/07 5:46pm
Msg #184018

SC attorney state n/m

Reply by PAW on 4/6/07 10:23pm
Msg #184053

So? Closing is in MD. Follow MD procedure ...

... but be sure to have two witnesses for the DOT/mortgage. (Notary can act as one of the witnesses.)

Reply by BrendaTx on 4/6/07 10:42pm
Msg #184056

I respectfully disagree, Paul.

State property laws govern the property transaction of that state, not the notary law in another state where the transaction documents are signed in.

Reply by PAW on 4/7/07 6:44am
Msg #184064

I was referring only the notarial portion

True, all other property laws and procedures must be followed where the property is located. I don't believe that the closing process for SC property done outside the state, requires it to be done by an attorney. If I remember correctly, I did a closing on a purchase of an SC property last year, and no attorney was present at the closing. Closing was done here in Florida, at a title company office, with only the buyers present.

Reply by PAW on 4/7/07 6:49am
Msg #184065

I forgot to add ...

In my post I referred to the SC requirement for witnesses which is not a requirement in MD.

Reply by BrendaTx on 4/7/07 7:42am
Msg #184068

Re: I was referring only the notarial portion

Sorry, Paul. I must have misinterpreted because your post was under Sue's "SC attorney state n/m - SueW/Tn on 4/6/07 5:46pm" post.

Reply by PAW on 4/7/07 8:57am
Msg #184076

Re: I was referring only the notarial portion

The thread was about the acknowledgment. That's a notarial function. Maybe I misunderstood what Sue's purpose was for simply stating "SC attorney state". Whether SC is an attorney state or not has no bearing on the acknowledgment in MD.

Reply by BrendaTx on 4/7/07 9:06am
Msg #184078

OT - All that aside...

I'd like to talk about something else...the burning question in my mind this morning is:

Just what exactly does a Scotsman wear under his kilt?

http://www.downloadusa.info/moby/scotsmansong.mp3

Lyrics if you'd like to sing along:
http://www.mobyinthemorning.com/scotsman.cfm

Reply by BrendaTx on 4/7/07 9:44am
Msg #184083

Re: I was referring only the notarial portion

**Maybe I misunderstood what Sue's purpose was for simply stating "SC attorney state".**

Guess we'll have to wait for Sue to clear it up.

Here's my thinking along these lines: If I am a careful notary signing agent trying to get my head around how this all works and if I am reading these posts I am going to get focused on a few states to be aware of as significantly different so that I can give a call to title for my own best interest just in case the lender's post closing dept. decides afterwards it has to be re-signed when the travelling borrower gets back home. If "my" transaction doesn't fund, there's a small chance I might have to fight over my fee.

My list of "different" states:

Texas (Because of certain Home Improvement loans and Equity Lines being closed differently)
South Carolina (Because I have read "attorney only" state and witness requirements.)
Georgia (Same as above.)
Maryland (Because I have read Licensed Title Producers only.)
Massachutsetts (Because that executive law or whatever they call it.)
Connecticut (Because of the two witness requirements.)
Florida (For seller side in purchases - two witnesses needed on conveyance deeds, *not* mortgages though.)

(The above list is not necessarily accurate, or inclusively or exclusively correct.)

This is all for discussion's sake and my way of thinking...not to be construed as the "truth" as it applies to anyone else.

Reply by NCLisa on 4/7/07 11:17am
Msg #184102

Re: I was referring only the notarial portion

Actually, SC requires that ALL aspects of a real estate transaction be supervised by an attorney if the property is in SC. What that amounts to is that if a notary in another state is to perform the closing, then an attorney needs to be available to answer any questions the borrowers may have during that closing, via phone, teleconference, etc. Since January 2005, every SC closing I've done, I've had to coordinate with a SC attorney. Some have stayed on the phone the entire closing, others have spoken with the borrower for a few moments, then had me call back when the closing was completed.

Each of the 8 or 9 SC closings that I've done this year have had a page attached to the mortgage that was for the "supervising attorney" to sign prior to recordation.

Reply by SueW/Tn on 4/7/07 11:41am
Msg #184108

TY Bren and Lisa

Bren ya read my mind, put it in words much better than I and Lisa you answered the whole enchilada. I know with the very limited experience I have had with Georgia properties it is vitally important to bring the Attorney Only state to the attention of Title. Bren...thanks ever so much, getting older and a bit slower I'm afraid.

Reply by bowie_MD on 4/8/07 9:51am
Msg #184185

Re: TY Bren and Lisa

thank you all

Reply by BrendaTx on 4/8/07 12:21pm
Msg #184194

Thanks Lisa, that's what I figured.

It certainly does matter about the transaction laws from state to state.

It's best to double check with the title company on the out of state transaction. They are the ones who are insuring title. Notary boards are good reading, but not the final word.