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Quitclaim - Notarial Dates Missing

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daphne2000

Junior Member
What is the name of your state (only U.S. law)? NC

Hello, My husband and I are separated. He signed a quitclaim deed to convey the house to me. After getting the deed back from the register of deeds, I noticed that both dates in the notarial area to notarize our signatures were missing. Everything else is fine. The notary is filing an Affadavit of Correction. She is not editing the original. Should the Affadavit of Correction be fine for selling the house down the road? What if I decide later on to resubmit another quitclaim? Would that look weird or muddy the waters because one is already on file? Another concern is that I was reading to not use loose certificates, but I don't think the affadavit is a loose certificate and it will list I would assume the book, page, etc. other information to make sure it goes with the quitclaim. So I am not sure about that either. Any help is greatly appreciated!
 


latigo

Senior Member
What is the name of your state (only U.S. law)? NC

Hello, My husband and I are separated. He signed a quitclaim deed to convey the house to me. After getting the deed back from the register of deeds, I noticed that both dates in the notarial area to notarize our signatures were missing. Everything else is fine. The notary is filing an Affadavit of Correction. She is not editing the original. Should the Affadavit of Correction be fine for selling the house down the road? What if I decide later on to resubmit another quitclaim? Would that look weird or muddy the waters because one is already on file? Another concern is that I was reading to not use loose certificates, but I don't think the affadavit is a loose certificate and it will list I would assume the book, page, etc. other information to make sure it goes with the quitclaim. So I am not sure about that either. Any help is greatly appreciated!
The recording of the notary's "Affidavit of Correction of Notarial Certificate" supplying the omitted date of acknowledgement with a copy of the original document attached will suffice.

Just be certain that the copy of the QCD to be attached to the notary's correction Affidavit is exactly as it was when recorded AND reflects the Register of Deeds recording data. Otherwise that info will needed to be set forth in the affidavit itself. (Hopefully the second time around - no blank spaces.)
______________________

HOWEVER, strangely you write that there are two (2) signatures to the QCD, his and yours.

Why did you sign it? There was no reason to do so. Not unless it contained a stipulation whereby in consideration of the grant you agreed to assume an existing indebtedness against the home and to hold him harmless. (Could be others, but that is the most common and not a recommended method of documenting such an indemnification agreement, especially between estranged spouses.)

Besides, inter-spousal conveyances of land can be a bit tricky. I think you need to be talking to "your" lawyer and soon.
 
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