Posted by NCLisa on 4/29/09 3:18pm
Msg #286702

NC Notary Witness Rules

Per the SOS FAQ's http://www.secretary.state.nc.us/notary/FAQ.aspx

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

No.

This means for docs for properties in witness states, you can not witness and notarize. I'm pointing this out, because it has come up 3 times in the last few days.

Reply by MW/VA on 4/29/09 4:30pm
Msg #286715

So if you're handling out of state transactions, how are you handling the witness requirements? It gets confusing. VA, for instance, isn't a "witness" state. I get loan docs (especially purchase docs) for FL, where there can be a witness requirement. FL law says the notary can serve as one of the witnesses. Again, it is my understanding that it can be more a lender requirement than a state requirement.

Reply by PAW on 4/29/09 8:49pm
Msg #286746

Witness requirements on recording documents is often due to recording laws. FL, for example, requires two witnesses on deeds that convey property. Witnesses are not required on mortgages, since there is no transfer of ownership. IN FL, a notary can act as a witness to most documents requiring witnesses (with certain restrictions). However, some states, such as NC, do not allow the notary to act as a witness to the transaction.

Reply by NCLisa on 4/29/09 9:18pm
Msg #286753

I closed an SC property yesterday, their rules state that there need to be 2 witnesses, and notary can be one of them. Again, since NC law does not allow me to witness something that I notarize, we needed 2 neighbors to come over, and not just one. (And I also had to call a SC attorney at the beginning and end of the closing.)

Reply by RalphNC on 4/30/09 10:55am
Msg #286816

I sometimes do closings covered by witness state rules.

It's sometimes difficult to come up with witnesses way out in the North Carolina mountain counties. Recently I ran across one of those (a refi on South Carolina property that asked for one witness). I was able to find a good ole boy over on the next hill who was using a chainsaw to cut firewood. Luckily I speak the language up heah and he was pleased to come over and witness the document.

It's really fun when you do signings in places that no one even knows are places. ;-)

--Ralph