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Closing on a timeshare transfer..."notary issues"

Carol C

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Sorry if this had been dealt with in a prior thread... but I am not good at searching TUG using keywords. I wonder if anyone can direct me to where on the internet I can get useful and timely intel on notary rules and regulations. I assume they vary by state? I am thwarted trying to get a timeshare deed/transfer notarized. I tried three different places and thus think I "struck out" (sorry, I know it's football season, but I use baseball analogies, anyway).

Any notaries here on TUG who can point me on a reliable path to get the info I need? FWIW, I reside in SC, timeshare is in CA. TIA!
 

Talent312

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Do you have a local bank account? Most offer free notary services to their customers.
Do you have a nearby UPS store (usually in strip malls). Most have notaries (for a fee)...

"UPS store locations offer notary services to help make life easier. Once your documents
are notarized, the center will help you make any necessary copies and ship them where
they need to go." -- UPS.
 

bogey21

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where on the internet can I get useful and timely intel on notary rules and regulations. I assume they vary by state?

What kind of "rules and regulations" are you looking for. I have lived in many states and best I can recall all you have to do is be able to identify yourself to the notary and sign in their presence. They then put either their seal or stamp on the document then sign and date it. Never had an issue with this...

George
 

Carol C

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Wow, I know you all are trying to be helpful. I was hoping an actual notary might be on TUG to point me to a website to research various state laws. Ok, I will offer my history of the past few days running around...so I went to my bank which is nationwide, I went to UPS store which is a national company, and I went to an individual notary who has a desk at the sheriff's dept. None will notarize a real estate deed, and timeshare is real estate (unless in Mexico and other places governed by trust law). I guess I should have just foreclosed or tried a deedback.
 

bizaro86

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Wow, I know you all are trying to be helpful. I was hoping an actual notary might be on TUG to point me to a website to research various state laws. Ok, I will offer my history of the past few days running around...so I went to my bank which is nationwide, I went to UPS store which is a national company, and I went to an individual notary who has a desk at the sheriff's dept. None will notarize a real estate deed, and timeshare is real estate (unless in Mexico and other places governed by trust law). I guess I should have just foreclosed or tried a deedback.

That is very odd. I've had timeshare deeds notarized at UPS stores in the various states with absolutely no issues whatsoever, and I'm a foreigner. It's often easier for me to get something notarized in the US then in Canada (where I'd have to go to the US consulate, and get searched, and hassled, and searched again, and wait...)

Maybe its a South Carolina thing? IIRC they have restrictions on attorneys closing timeshares (as real estate) there. Two suggestions - do you know an attorney who might be willing to notarize it for you? Are you going to be outside of SC any time soon and could try in another state?
 

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We either go through bank or a notary who comes to our home. I just used Yelp to find our guy.
 

Carol C

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That is very odd. I've had timeshare deeds notarized at UPS stores in the various states with absolutely no issues whatsoever, and I'm a foreigner. It's often easier for me to get something notarized in the US then in Canada (where I'd have to go to the US consulate, and get searched, and hassled, and searched again, and wait...)

Maybe its a South Carolina thing? IIRC they have restrictions on attorneys closing timeshares (as real estate) there. Two suggestions - do you know an attorney who might be willing to notarize it for you? Are you going to be outside of SC any time soon and could try in another state?

Now those are good strategy questions. And yes it could be a SC "thing"...don't get me started. And I don't have good representation to ask for advice...but then again, I think I will contact my Congressman who deals with constituents' local issues. Thx for your thinking this through for me...it now prompts me to follow a Congressional course of action. I will post a follow-up if I get this resolved, in order to help others who may live in SC. Thx again!
 

Talent312

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Try www.nolo.com to see if this "law for lay-people" website can help;
or "Google is your friend." You could try... https://scholar.google.com/

Like someone said, if you're near a border with NC or GA, run for it.
.
 

Carol C

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We either go through bank or a notary who comes to our home. I just used Yelp to find our guy.

Where are you in South Carolina? I want to see if this is statewide or a local thing. (We have alot of timeshares around here, so it could be a localized problem that made this all very weird.)
 

Carol C

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Try www.nolo.com to see if this "law for lay-people" website can help;
or "Google is your friend." You could try... https://scholar.google.com/

Like someone said, if you're near a border with NC or GA, run for it.
.
I am not good with legal research and don't have much time to do it. And I have a failing transmission and don't drive beyond AAA towing distance. But thx for your ideas!
 

WVBaker

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Wow, I know you all are trying to be helpful. I was hoping an actual notary might be on TUG to point me to a website to research various state laws. Ok, I will offer my history of the past few days running around...so I went to my bank which is nationwide, I went to UPS store which is a national company, and I went to an individual notary who has a desk at the sheriff's dept. None will notarize a real estate deed, and timeshare is real estate (unless in Mexico and other places governed by trust law). I guess I should have just foreclosed or tried a deedback.

That seems odd. Did they say why they wouldn't notarize a real estate deed?
 

MULTIZ321

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Can a bank notarize a deed?

Banks often have company policies restricting the
types of documents that the bank employee notary can notarize. Often a bank will not notarize a will, trust or real estate deed. Do not sign the document until you meet with the notary. Disclaimer: I am not an attorney and this information is not legal advice. Jun 29, 2018


Richard
 

MULTIZ321

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South Carolina requires 2 Witnesses for a Real Estate Deed and the Notary can be one of the witnesses.

Google is your friend.

Richard
 
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tschwa2

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There is no rule that a notary can't notarize deeded property. I have run into one notary at one of the branches of my bank who refused to notarize a real estate transaction. As I said it isn't a notary rule or law (that I know of) but if a notary doesn't want to notarize something for any reason they don't have to. I have had at least 6 different notaries notarize over a dozen deed documents. The notaries were all Maryland notaries but the deeds were from South Carolina, Virginia, and various others.

Reading some of the other posts it seems it might be a policy of the bank or other employer of the notary but not a notary rule or law in and of itself.
 

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Thanks Richard. ;)
 

tschwa2

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If you are local to the timeshare you are selling, you may want to see if they have a notary onsite that could help you notary the documents. When I was at Massanutten, they have a business center and I was able to have them notarize a document to do a brokered Marriott resale. Since you have been having trouble you may want to call first.
 

MULTIZ321

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HI Carol,

Go to www.sc.gov and in the Search Box put "South Carolina Notary Public Reference Manual"


You will be taken to a 29-page PDF file that has the info


Richard
 

Carol C

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HI Carol,

Go to www.sc.gov and in the Search Box put "South Carolina Notary Public Reference Manual"


You will be taken to a 29-page PDF file that has the info


Richard

I don't have to go to that website but appreciate your help...everyone's help in fact. I used good ol fashioned telephone to get the answer I needed. First, I called my Congressman, then my state senator, and it is indeed true, you cannot notarize a real estate document in South Carolina. My senator said it was the Supreme Court of SC that made that decision. Go figure. Anyway...case closed. I cannot drive 6 hours in either direction just to get something notarized. Not for several months anyway. Back to car shopping! Thx again everyone!

P.S. I advise that nobody on TUG buy a timeshare, used or resale, if you happen to live in South Carolina... unless you can afford to drop everything to drive out of state to get a notary public when you are ready to sell! (Or, the other alternative...keep it for life and stick your heirs with it, and have them curse you in your grave.) :mad:
 
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Carol C

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There is no rule that a notary can't notarize deeded property. I have run into one notary at one of the branches of my bank who refused to notarize a real estate transaction. As I said it isn't a notary rule or law (that I know of) but if a notary doesn't want to notarize something for any reason they don't have to. I have had at least 6 different notaries notarize over a dozen deed documents. The notaries were all Maryland notaries but the deeds were from South Carolina, Virginia, and various others.

Reading some of the other posts it seems it might be a policy of the bank or other employer of the notary but not a notary rule or law in and of itself.

Hi...I wanted to give you a shout-out for taking the time to post. Remember how seamless our transaction was, when I scanned your deed, put you in as seller and me as buyer and went off to get it recorded in the county registrar of deeds? That might mean we were breaking the law, egads...but the thing is, not everybody requires deeds to be notorized either. It may come down to the state or even the particular resort that requires signature(s) before a notary. Heck, I did a quit claim once to sell my Marriott in Williamsburg to a guy on TUG...he wanted it to go fast so he could use it or trade it quickly, so he insisted on quit claim. It passed Marriott ROFR too...I guess...never heard from them about it. But I digress...I have never had so much trouble getting rid of a timeshare, and of course I am losing money on this as I paid a resale company for it. So I will never acquire another timeshare located anywhere in the world...as long as I am living in SC!
 

tschwa2

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I don't have to go to that website but appreciate your help...everyone's help in fact. I used good ol fashioned telephone to get the answer I needed. First, I called my Congressman, then my state senator, and it is indeed true, you cannot notarize a real estate document in South Carolina. My senator said it was the Supreme Court of SC that made that decision. Go figure. Anyway...case closed. I cannot drive 6 hours in either direction just to get something notarized. Not for several months anyway. Back to car shopping! Thx again everyone!

P.S. I advise that nobody on TUG buy a timeshare, used or resale, if you happen to live in South Carolina... unless you can afford to drop everything to drive out of state to get a notary public when you are ready to sell! (Or, the other alternative...keep it for life and stick your heirs with it, and have them curse you in your grave.) :mad:
With the information you received, I did another google search and it seems the answer isn't quite so cut and dry. The wording actually provides that a notary can't notarize a signature for a real estate deed or mortgage loan closing without an attorney present.

So rather than the 6 hr drive you might want to call some local attorney's offices and see if they will provide the service and how much they will charge to provide the service. They may not do it unless they prepared the deed but it might be worth a call. It seems like SC also has a maximum that a notary can charge so it may not be worth an attorney notary or a notary with attorney present to provide the service.
 

Carol C

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With the information you received, I did another google search and it seems the answer isn't quite so cut and dry. The wording actually provides that a notary can't notarize a signature for a real estate deed or mortgage loan closing without an attorney present.

So rather than the 6 hr drive you might want to call some local attorney's offices and see if they will provide the service and how much they will charge to provide the service. They may not do it unless they prepared the deed but it might be worth a call. It seems like SC also has a maximum that a notary can charge so it may not be worth an attorney notary or a notary with attorney present to provide the service.

Did that, yesterday. That attorney's office never called back. I am not going to shop around for a SC attorney now. I'll be foreclosing on any other timeshares I want to get rid of. I will join the tons of dTUGgers who just stop paying maint fees...yep, I see those postings, and me, I always strive to be ethical but...the system is rigged it seems. Hope Wyndham and Bluegreen and others down here are fully disclosing to folks that buy from them, that if they want to sell they will have to pay for a lawyer. (I kinda doubt it though...when do developers do full disclosure?)
 
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