Posted by Saul Leibowitz on 12/16/13 3:20pm
Msg #496276

North Carolina question

I have been contacted to do a signing later this week in Illinois for an unmarried man involving a North Carolina property. I have the number of a North Carolina law firm to contact at the time of closing but I have a question that I would like answered in advance.
The question is, does the Mortgage or Deed of Trust need a witness in addition to being notarized?
If so, can the notary serve as the witness?
Thank you.

Reply by Larry/IL on 12/16/13 3:59pm
Msg #496283

Saul, this is from Paul's (PAW) site, it was as of 2011.

http://www.pawnotary.com/kb/2-4.html

Important to note that even though a state does not require a witness some lenders do. For example, I did a James B Nutter IL refi for an owner occupied IL property. They wanted the witness even though not required. Borrower was rely P.O.ed about.

Might be a good idea to call the hiring party.

Reply by FGX/NJ on 12/16/13 4:11pm
Msg #496286

Did one last week, no witness needed.
Call the Atty and confirm that with them, to be safe.

Reply by fiberguru on 12/16/13 4:12pm
Msg #496287

North Carolina is not a witness state

Reply by JanetK_CA on 12/16/13 4:25pm
Msg #496288

For this type of question, the safest answer is always to call your client! Everyone else will just give you an opinion, but the only opinion that counts is your client's. As long as it doesn't counter any of your own state's laws, that's the way to go.

Reply by CarolF/NC on 12/16/13 6:04pm
Msg #496306

I PMd Him n/m

Reply by NCLisa on 12/16/13 6:43pm
Msg #496312

NO Witnesses required in NC n/m

Reply by Saul Leibowitz on 12/16/13 7:18pm
Msg #496314

Re: NO Witnesses required in NC

Thanks all; no witness required per their office.

Reply by C. Rivera Chicago Notary Services on 12/17/13 10:40am
Msg #496345

Saul, you shouldn't have to worry about this...

as the hiring party should have advised you, if there was another witness needed to sign, AND if so, this responsibility falls on the BO, not the NSA.

If there is an additional witness needed, and the hiring party wants to me act as one, then ok, I'll do it. But I don't bring anyone with me, nor do I call the borrower to make sure there are witnesses, as this is NOT part of my job duties as an NSA. That courtesy is up to the hiring party IMO.

I don't worry about this stuff anymore, as I try to CMOA at all times.

Reply by Larry/IL on 12/17/13 1:18pm
Msg #496376

OK Carrie, CMOA? Maybe I haven't had enough coffee yet. n/m

Reply by Linda_H/FL on 12/17/13 5:05pm
Msg #496414

Cover My Own A** :) n/m