If the title isn’t notarized, can the DMV refuse to register the car and what can I do to fix it? – North Carolina

Short Answer

Yes. In North Carolina, the Division of Motor Vehicles can refuse to title and register a vehicle if the seller’s assignment on the back of the title was not signed in front of a notary (or other person authorized to administer oaths) when North Carolina law requires it. The usual fix is to have the seller re-sign the title assignment with notarization, or complete a corrected title/assignment process through a North Carolina license plate agency. If the seller cannot be located or will not cooperate, the next steps depend on what paperwork exists and whether the title can be corrected or replaced.

Understanding the Problem

In North Carolina, can the DMV register a used car when the out-of-state title transfer paperwork was completed without notarization, and what steps fix the problem when North Carolina requires the seller’s signature on the title assignment to be notarized? The practical decision point is whether the title shows a properly completed seller-to-buyer assignment that meets North Carolina’s execution requirements, because that paperwork is the trigger for the DMV to issue a North Carolina title and registration.

Apply the Law

North Carolina generally requires the owner who is transferring a vehicle to sign the assignment and warranty of title on the back of the certificate of title in the presence of a person authorized to administer oaths (commonly, a notary). North Carolina also treats “blank” or incomplete assignments as a serious problem, and the DMV can hold up processing until the assignment is properly completed. In practice, the main forum for fixing title paperwork is a North Carolina DMV license plate agency (often called a tag office), which processes title applications and registration transactions.

Key Requirements

Proper seller-to-buyer assignment: The seller must complete the assignment section on the title (including buyer information) rather than leaving it blank or incomplete.
Proper execution (notarization/oath): When North Carolina law requires it, the seller’s signature on the assignment must be made in the presence of a notary (or another authorized official).
Deliver a duly assigned title for NC titling: To get a North Carolina title and registration, the buyer generally must present a title that is properly assigned (and any other DMV-required ownership documents for out-of-state transactions).

What the Statutes Say

N.C. Gen. Stat. § 20-72 (Transfer by owner) – Requires the owner transferring a vehicle to execute the assignment and warranty of title in the presence of a person authorized to administer oaths, and provides that title does not pass until the assignment is executed and the vehicle is delivered.
N.C. Gen. Stat. § 20-52 (Application for registration and certificate of title) – Requires an application on DMV forms and addresses what evidence of ownership is needed for vehicles acquired from another jurisdiction.

Analysis

Apply the Rule to the Facts: The facts describe a used-car purchase in a state where titles are not notarized, followed by an attempt to transfer and register in North Carolina. If the seller signed the assignment on the title without notarization, a North Carolina license plate agency can treat the title as not “duly assigned” under North Carolina’s execution rules and refuse to process the North Carolina title/registration until the assignment is properly executed. Whether the buyer can “just take the title to a notary” usually turns on the key requirement that the notary must witness the signer’s signature (or follow a legally valid alternative method), which typically means the seller must sign again in front of the notary.

Process & Timing

Who files: The buyer/transferee. Where: A North Carolina DMV license plate agency (tag office). What: A North Carolina title/registration application on DMV forms, submitted with the out-of-state title and any DMV-required supporting documents for an out-of-state purchase. When: As soon as the paperwork problem is identified, because delays can create practical problems (insurance, tags, and the ability to legally drive the vehicle).
Fix the notarization defect: If the seller is available, the cleanest solution is usually to have the seller complete a corrected assignment (or re-execute the assignment) with notarization, ensuring the buyer’s name/address and other required fields are filled in and consistent.
If the seller is unavailable: The tag office may require a different corrective route (for example, a replacement title process through the issuing state, additional sworn statements, or other DMV-directed documentation). The acceptable fix depends heavily on what the title currently shows (complete vs. blank assignment, erasures/cross-outs, lien releases, and whether the issuing state can reissue a title).

Exceptions & Pitfalls

“Seller must be present” issue: A notary generally notarizes a signature by witnessing the signer (or using a legally permitted remote/alternative method). If the seller already signed outside the notary’s presence, a notary typically cannot simply stamp it after the fact without the seller re-signing or otherwise properly acknowledging the signature.
Blank or incomplete assignments: North Carolina treats a title “assigned in blank” as a serious problem, and it can trigger a hard stop until the assignment is completed correctly. It can also create chain-of-title issues that are harder to fix later.
Cross-outs and mismatched information: Corrections, white-out, or inconsistent buyer/seller names can cause rejection and may require a formal correction process rather than an informal fix.
Out-of-state rules still matter: Even though North Carolina has its own execution requirements, the issuing state’s title format and reissue procedures often control what replacement or corrected documents can be obtained.

Conclusion

North Carolina can refuse to title and register a vehicle if the seller’s assignment on the title was not properly executed with notarization when required, because the DMV generally needs a duly assigned title before issuing a North Carolina title and registration. The most direct fix is usually to have the seller re-sign (or complete a corrected assignment) in front of a notary and then submit the corrected paperwork at a North Carolina DMV license plate agency. The next step is to take the title to a tag office and confirm exactly what correction the DMV will accept before chasing signatures.

Talk to a Real Estate Attorney

If you’re dealing with a title transfer that is being held up because the paperwork is not notarized, our firm has experienced attorneys who can help you understand your options and timelines. Call us today at (919) 341-7055.

Disclaimer: This article provides general information about North Carolina law based on the single question stated above. It is not legal advice for your specific situation and does not create an attorney-client relationship. Laws, procedures, and local practice can change and may vary by county. If you have a deadline, act promptly and speak with a licensed North Carolina attorney.