Posted by pat/WA on 2/24/11 4:43pm
Msg #374066

South Carolina

We are doing a signing in Washington state for a property located in South Carolina.
I have been told that a conference call from an attorney in South Carolina must take place at the signing.
This is new to me.

Reply by CopperheadVA on 2/24/11 5:09pm
Msg #374070

My recollection is all the attorney does is explain something about the DOT and, if I remember correctly, the notary also signs as a witness, along with another pre-arranged witness. The one I can remember doing, the attorney did not call on time (at beginning of appointment) and we had to set that document aside and proceed with signing the other docs while we waited. I think I finally called him because the witness had to leave.

Reply by JAM/CA on 2/24/11 5:24pm
Msg #374078

I had to also notarize the witnesses signature that he saw the principal sign the document. It seems to be different each time, but the attorney must call. Some attorney's will simply ask if the document signer has any questions and to call if they do.

Reply by pat/WA on 2/24/11 5:58pm
Msg #374084

Washington is not a witness state. So, there will not be witnesses available unless the borrowers have arranged for them.

Reply by Linda_H/FL on 2/24/11 6:00pm
Msg #374085

You have to have this loan signed in accordance with

the laws in the state where the security instrument is to be recorded - and if that state requires witnesses, you'll need to be sure borrowers line up one more, if you can be one, or two more if you can't.

Your notarizations are done in accordance with WA notary law.

Reply by Linda_H/FL on 2/24/11 6:12pm
Msg #374089

Should add here....

IMO it's up to title, or borrowers, or both of them together, to line up the attorney for this conference call - IMO that's not your responsibility.

Reply by pat/WA on 2/24/11 7:05pm
Msg #374096

Re: Should add here....

Thats good to know!

Reply by CopperheadVA on 2/24/11 8:27pm
Msg #374112

Re: Should add here....

I always tell the TC that I do not provide witnesses - they usually let the borrower know that they will have to provide the one or two witnesses (whichever number applies). I will usually mention it to borrower on my confirmation call, but I never, ever offer to supply a witness. I am happy to sign as a witness if allowed.

Reply by enotary/va on 2/24/11 7:54pm
Msg #374105

I've done a bunch of them. The only thing is.... you can be one of the witnesses so you will need one more... when I get to appt. I will call the attorney... I've never had the attorney ask to speak to the BO... Attorney tells me that if BO has any questions call him, if not call him when done and let him know we are done.... You won't have an prole

Reply by enotary/va on 2/24/11 7:55pm
Msg #374106

You won't have any problems.....

Reply by MW/VA on 2/24/11 7:06pm
Msg #374098

I've done a couple like that, too. The attorney does not preside over the signing, just goes over SC law requirements, including the witness requirement. If you just follow instructions, you won't have a problem. Like always, if you think you're not prepared for this it's better to turn it back.

Reply by Karla/WA on 2/25/11 12:58pm
Msg #374164

I'm a notary here in WA and just signed a borrower with a South Carolina property (Boeing employee here on training for 3 weeks). I acted as a witness (in the second position) and then we had a clerk at the hotel's front desk clerk be a witness (in the first position).

I was familiar with the requirement for the attorney to be in attendance either via conference call or telephone, for S. Carolina properties and asked the TC why we didn't have one for this signing. Their response was they they could not make the borrower return to S. Carolina and perform the signing as long as one other witness was available.

So, yes, the title company should direct you in what their requirement is. It's good to question, but when told their answer, go with it! Good luck.

Reply by PAW on 2/25/11 1:01pm
Msg #374166

>>> Their response was they they could not make the borrower return to S. Carolina and perform the signing as long as one other witness was available. <<<

What's that got to do with the attorney requirement? Having witnesses doesn't excuse the attorney, where ever the documents are executed.

Reply by Linda_H/FL on 2/25/11 1:07pm
Msg #374168

"Their response was they they could not make the borrower return to S. Carolina and perform the signing as long as one other witness was available. "

That's just sheer ignorance on title employee's part - hope it doesn't come back to bite them some time in the future.