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Mortgage Loan Modifications

Starting at $75

30 minutes

About

In South Carolina, notaries public are not permitted to conduct real estate or mortgage loan closings without an attorney present. While some states do allow for notaries to conduct a closing without an attorney, the South Carolina Supreme Court has clearly stated that an attorney must oversee all real estate and mortgage loan closings. Mortgage refinancing is also subject to this rule.


South Carolina is one of five states that have witness requirements for the recording of the deeds and mortgages. The requirement is 2 witnesses and one can be the notary. Because South Carolina prevents NSAs from conducting real estate loan transactions unless supervised by an attorney–I can, however, provide witnessing and courier services for attorneys.


In regards to mortgage loan closing transactions, there is an exception for mortgage loan modifications. The South Carolina Supreme Court stated in Crawford vs. Central Mortgage Company (404 S.C. 39, 744 S.E. 2d 638 (2013)) that lenders do not engage in the unauthorized practice of law by preparing and mailing loan modifications to borrowers and recording the executed documents, without the participation of a licensed official.



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