Posted by NCLisa on 6/24/08 9:59pm
Msg #252821

I just learned something about NC Notary Law

that I was unaware of! On the SOS FAQ page

13. If a notary notarizes a document, may he or she also act as a witness to that document?

No.

I guess next time I do a SC closing, I'll need 2 witnesses since a NC notary can not act as a witness to a doc he/she notarizes.

Reply by PAW on 6/25/08 7:21am
Msg #252851

Interesting ... Question ...

Lisa,

Very interesting. Can you please find out from the SOS which statute reflects that restriction? That way I can update my "Witness Requirements" information showing the source of the requirement.

Also, you said, "next time I do a SC closing, I'll need 2 witnesses". Is NC now a witness state? That is, are witnesses required for deeds of conveyance, including DOT's? My underwriting manual states that NC does not require witnesses.

Reply by NCLisa on 6/25/08 7:47am
Msg #252853

Re: Interesting ... Question ...

I sent the SOS an email. I'll let you know when it comes back.

NC requires no witnesses, but SC requires 2, 1 being the notary. I'm sure you know that a huge portion of SC is vacation/2nd homes, and a lot of the owners live here, so I do about 4 SC closings a month. Since I'm obligated to follow my notary laws in my state, then I would not be permitted to be the witness on the SC Mtg that I notarize. I'll have to make sure that they attach an ack to the Mtg and not the usual "probate" where I only notarize the 1 (other) witness.

Reply by PAW on 6/25/08 10:15am
Msg #252868

Thank you.

Okay, SC does (knew that) and NC doesn't (thought so). Can't wait to see what the SOS has to say. Thanks for the info.

Reply by NCLisa on 6/25/08 9:31pm
Msg #252979

Re: Thank you.

It normally takes them about 3 to 5 days to answer a question. I don't call them anymore, as I want the response in writing.