Posted by GinaKY on 4/4/12 4:40pm
Msg #416985

Connecticut Notaries

Question.... I have a loan that the property address is in North Carolina, but the borrowers are signing in Connecticut. The notary is stating that the borrowers must have a witness (per connecticut mortgage guidelines).

We have tried to tell the notary that the mortgage falls under North Carolina regulations and that she does not need a witness. Can anyone from CT please clarify for the closer or enlighten me? I will be making a call in the morning to the SOS of CT but i think the notary reads these posts and therefore hopefully other notaries will be able to help.

Thanks

Reply by Linda_H/FL on 4/4/12 6:33pm
Msg #416996

Re: Connecticut Notaries...not a CT notary but..

former CT notary and paralegal

The witness requirements fall under the laws where the property is located and where the mortgage will be recorded....not where it's being signed.

Perhaps the notary needs to call the SOS to get clarification...not you. Question is...will it kill the deal if there are two witnesses on it? Is it a problem? If not, let it go with 2 witnesses...may not be worth the fight...that or give it to a notary that knows what they're doing...<<shrug>>

Good Luck, Gina.

Reply by TJS/CT on 4/4/12 6:51pm
Msg #417001

I agree with Linda. The notary should follow the requirements for the state the property is located. I would think that this notary would be happy not to have to worry about the witness requirement for this signing, as sometimes is it "challenging" for the borrowers to have a witness available. The notary is more than welcome to contact me if necessary. Hope this helps!

Reply by BobbiCT on 4/5/12 7:41am
Msg #417020

North Carolina document signed in CT ...

In this case, witness requirements pertain to an opinion of "real property law" in North Carolina. The CT SOTS staff may refer you to an attorney for a "legal" opinion, as it is NOT THE NOTARY's DECISION TO MAKE.

The usual legal disclaimer: The question to the hiring or title insurance company is, "My clients are in Connecticut and signing a mortgage document securing real property in North Carolina. What are the NORTH CAROLINA requirements for the exeuction of this document?"

The notary follows CT notarization laws for the notarization block. Outside the block is the legal arena; where the Signing Agent asks the hiring company or the title insurance company what is required.