The Statewide Title Newsletter and Legal Memorandum

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Issue  57  Article  120
Published:  4/1/2000

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Notary Act Glitch!
Statewide Title, Inc.

Thanks to Gary and Deborah Nichols of Nichols & Nichols in Hayesville for passing this along. NCGS Sec. 10A-14 provides that "(a) The clerks of the superior court may act as notaries public in their several counties by virtue of their offices as clerks and may certify their notarial acts only under the seals of their respective courts. Assistant and deputy clerks of superior court, by virtue of their offices, may perform the following notarial acts and may certify these notarial acts only under the seals of their respective courts:

(1) Oaths and affirmations.

(2) Verifications or proofs.

Upon completion of the course of study provided for in G.S. 10A-4(b), assistant and deputy clerks of superior court may, by virtue of their offices, perform all other notarial acts and may certify these notarial acts only under the seals of their respective courts. A course of study attended only by assistant and deputy clerks of superior court may be taught at any mutually convenient location agreed to by the Secretary and the Administrative Officer of the Courts.

(b) Registers of deeds may act as notaries public in their several counties by virtue of their offices as registers of deeds and may certify their notarial acts only under the seals of their respective offices. Assistant and deputy registers of deeds, by virtue of their offices, may perform the following notarial acts and may certify these notarial acts only under the seals of their respective offices:

(1) Oaths and affirmations.

(2) Verifications or proofs.

Upon completion of the course of study provided for in G.S. 10A-4(b), assistant and deputy registers of deeds may, by virtue of their offices, perform all other notarial acts and may certify these notarial acts only under the seals of their respective offices. A course of study attended only by assistant and deputy registers of deeds may be taught at any mutually convenient location agreed to by the Secretary and the North Carolina Association of Registers of Deeds."

If these assistants and deputies have not completed the course of study, they can not take acknowledgments! It seems that some offices are not aware of this relatively new requirement and may have inadvertently acknowledged conveyances without authority. Such acknowledgments would therefore, be invalid. We may need to seek legislative reconsideration of this requirement, together with a curative statute to validate any defective conveyances.


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