Posted by Marie/CA on 11/30/10 2:55pm
Msg #363219

Weird verbiage found on SC doc set

Below is basically what I encountered at a signing in NJ for a property in SC. I have never seen this and thought at first it was an acknowledgment and proceeded to fill it out as such until I read the rest. Has anyone encountered this and do you know what goes in the blanks? I am a veteran signer and I do not know. I did find out this morning that SC is an attorney state. Here is the verbiage.

Venue
Before me personally appeared _____________and made oath that he/she saw the within named Borrower sign, seal and as his/her act and deed, deliver the within Compliance Agreement: and that he/she with ____________ witnessed the execution thereof.
Then what appears to be a signature line.

Under that is
Sworn before me this blank day of blank
Signature line for Notary Public


Any comments?

Reply by kcg on 11/30/10 3:00pm
Msg #363221

I've not seen this before but I'd like to take a stab at it....

Are 2 witnesses required? And one is the notary? I would say that the notary would fill in witness name and that person would sign. Then notary would sign his/her name on signature line.

JMO

Reply by Marie/CA on 11/30/10 3:07pm
Msg #363224

I do not know if two witnesses are required in SC, I believe the answer is yes.
It doesn't make sense that my name would go in any blank on this but possibly it could but then who would sign it and is it then something to be notarized? If I were to sign it then I would be notarizing my own signature and can't do that.

Reply by DD/OR on 11/30/10 3:28pm
Msg #363225

Borrowers name goes on top line. 'Notary' goes on the second line. Borrower signs on first signature line. Notary Public signs on Notary signature line and then notarizes.

Reply by Linda_H/FL on 11/30/10 3:35pm
Msg #363229

DD, I think you're wrong...

Doing it your way it would say "Before me personally appeared <borrower name> and made oath that he/she saw the within named Borrower sign, seal and as his/her act and deed..."

Doesn't make any sense. This sounds like 2 witnesses are required to swear that they saw the borrower sign the document, one of which can be the notary but only one witness submits a sworn statement about it.

Marie, I'd check with title - find out what they need here. OR, SC being an attorney-only state, discuss it with the attorney and see what he/she says...

Reply by Marie/CA on 11/30/10 3:44pm
Msg #363232

Ok, so then it would read:

Before me personally appeared Joe Smith and made oath that she saw the within named Borrower sign , seal , and as her act and deed, deliver the within Compliance Agreement: and that he with Marie witnessed the execution thereof.
Signed by me Marie
Does this make sense?

Reply by Bob_Chicago on 11/30/10 5:25pm
Msg #363251

Not from SC, but sounds logical n/m

Reply by SheilaSJCA on 11/30/10 3:38pm
Msg #363230

Marie- I am a bit confused, you are in NJ? (your forum name shows California? If you are in CA,
The verbage shown does not confirm to either a CA acknowledgement or a Jurat, so you should check with you hiring party as to which to attach. As it is written, you, as a CA notary should not sign it as it is displayed.
Because it says sworn before me, I would be leaning towards attaching a jurat, so that the signers can swear that they did sign, the Compliance agreement that is described. Of course, if you are in NJ, you should follow those notary laws. NOT SC.

Reply by Marie/CA on 11/30/10 3:46pm
Msg #363234

No no longer in CA, moved to NJ several months ago and do not know how to change my forum name. Sorry for the confusion. It is even more confusing to me because I keep referring back to CA laws, which are so cut and dried.All you CA notaires be thankful you have such stringent rules It keeps your nose clean.

Reply by Linda_H/FL on 11/30/10 3:54pm
Msg #363237

Marie, use the Contact Us link and write to NotRot

ask them to make the change for you - they'll be happy to help.

Reply by NCLisa on 11/30/10 9:26pm
Msg #363283

SC uses 2 types of Acks, and yours is the weirder of them.

You fill this in with the witness names.

I have to use 2 witnesses for SC closings because NC law does not allow a notary to witness a document that they notarize.

Just a note, SC closings must done with the aid of a SC attorney. Every SC property loan I've closed has required me to call an SC attorney at the beginning and ending of the closing.

Reply by JAM/CA on 12/1/10 12:11am
Msg #363305

I have done one of these and what was required is: You need two witnesses, one can be the notary. You are notarizing the first witnesses signature. So, if your witness is Joe Smith who saw the borrower sign, then Joe Smith goes in the first blank line. Your name would go in the second blank.

You are notarizing the first witnesses signature.

Reply by Dave Heine on 12/1/10 6:23am
Msg #363326

South Carolina uses what is called Notary by Probate. Their form. You are actually notarizing the signatures of the witnesses, something very common in South Carolina.

I would hghly recomend call the the closing attorney to ask how they want you to fill it out.