Posted by kathy/ca on 6/27/07 11:01am
Msg #197183

More on SC signing, I havent had to have a witness in a long

time, as I recall, they need to print their names and sign above on the line but no need for ID, oath or signing journal, correct? Also, info given to me by SS totally incorrect, atty said of course it is being recorded in SC not CA and he would be at his phone to answer questions and yes 1 witness other than myself in required.

Reply by NCLisa on 6/27/07 11:07am
Msg #197187

There will be a line on the Mortgage for the witnesses to sign, it will not have (seal) at the end of it. There are some SC ack for the mortgage where you ack the witness and not the borrower, and that the witness saw the borrower sign. (As I said before there are 2 different acks that can be used on an SC mortgage). I alway view the witnesses ID and write it in my journal and have them sign. That way if there is a problem, or litigation, the witness can be tracked down.

Reply by JAM/CA on 6/27/07 1:32pm
Msg #197222

Kathy, it is up to the borrower to find one other witness to sign the Mortgage. Have them sign and print their name under their signature. You can be one of the witnesses.

You do not need to I.D. the witness as they are simply witnessing the signing of the borrowers signature. Not necessary to put in your journal, but as Lisa stated it is okay to do, since you can document who the person was.

You can use the SC notarial wording on the document as long as it does not have the word certify or claim capacities. You can line through the word "certify" and initial or use a CA ACK.

Do not let the attorney in SC or anyone else give you advice that does not coincide with CA law.

Reply by TaxMan/NC on 6/27/07 2:09pm
Msg #197224

The replies given so far are correct. I'll just throw in that although you can be one of the witnesses you should be witness#2, NOT witness #1. I do SC properties often here in NC and I sign as witness #2.

Reply by NCLisa on 6/27/07 7:46pm
Msg #197298

Here is the "witness ack" used on some of the mortgages

State of South Carolina
County of Lexington

Personally appeared before me *witness 1* 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 Mortgage; and that he/she with *witness 2/notary*, witnessed the execution thereof.

_____________________
witness 1

Sworn to before this 1st day of July, 2007.

_____________________________________
notary