How do I get an out-of-state used car title notarized so I can transfer it in my state? – North Carolina

Short Answer

In North Carolina, the seller’s assignment on the back of the title generally must be signed in front of a notary (or other official authorized to administer oaths) or completed using a legally valid electronic notarization process. If the seller already signed the title outside a notary’s presence, a North Carolina notary usually cannot “notarize it after the fact.” The practical fix is typically to have the seller re-sign (or sign a corrected title) in front of a notary, or to work with the issuing state to obtain a replacement title that can be properly assigned.

Understanding the Problem

In North Carolina, can an out-of-state used car title be notarized after the sale so the title can be transferred and registered, when the title came from a state that does not normally require notarization? Does the seller have to be present for notarization, or can the buyer take the title to a notary alone?

Apply the Law

North Carolina’s title-transfer rules focus on how the seller (the current titled owner) signs the assignment and warranty of title. For most private-party transfers, North Carolina expects the seller’s signature on the assignment section of the title to be acknowledged in front of a notary (or another person authorized to administer oaths), or completed through a process that complies with North Carolina’s electronic notarization rules. If the seller’s signature is not properly acknowledged, the Division of Motor Vehicles (DMV) can treat the title as not properly assigned for transfer purposes.

Key Requirements

Proper assignment by the titled owner: The seller must complete the assignment and warranty of title section in the format the DMV accepts (typically the back of the title), including the buyer’s name and address.
Signature acknowledged correctly: The seller must sign either in the presence of a notary/authorized official or through a compliant electronic notarization process. A notary’s job is to verify the signer’s identity and witness (or properly acknowledge) the signature.
No “blank” assignment: A title that is signed but does not clearly identify the buyer (or is otherwise incomplete) can create major transfer problems and can trigger DMV scrutiny.

What the Statutes Say

N.C. Gen. Stat. § 20-72 (Transfer by owner) – Requires the owner’s assignment and warranty of title to be executed in the presence of an authorized official (or through a compliant alternative) before title passes, and addresses problems with incomplete/blank assignments.
N.C. Gen. Stat. § 20-52 (Application for registration and certificate of title) – Covers applying for a North Carolina title/registration and notes that electronic signatures and electronic notarization may be used when permitted.

Analysis

Apply the Rule to the Facts: The issue is not whether the other state “requires” notarization. The issue is whether North Carolina will accept the seller’s assignment as properly executed for a North Carolina transfer. If the seller signed the assignment outside a notary’s presence and the buyer later brings the already-signed title to a notary alone, the notary generally cannot truthfully certify that the seller signed in the notary’s presence (or properly acknowledged the signature). That usually means the seller must participate—either by signing in front of a notary or by completing a compliant remote/electronic notarization process.

Process & Timing

Who signs and notarizes: The seller (titled owner) signs the assignment on the title. Where: In front of a North Carolina notary public (or another authorized official), or through a compliant electronic notarization process. What: The assignment and warranty of title section on the back of the title must be completed fully (including buyer information) before notarization.
Fix common “already signed” problems: If the seller already signed without notarization, the usual next step is to contact the seller to re-sign correctly (often on a replacement/corrected title from the issuing state, if needed) in front of a notary. In some situations, the DMV may require additional documentation depending on what is wrong with the title and how the assignment was completed.
Transfer in North Carolina: After the title is properly assigned and notarized, the buyer applies for North Carolina title and registration through the North Carolina DMV (often handled through a license plate agency). The DMV reviews the paperwork and, if accepted, issues a North Carolina title and registration.

Exceptions & Pitfalls

Buyer-only notarization usually does not work: If the seller is not present (in person or through a compliant electronic notarization process), a notary generally cannot notarize the seller’s signature on the assignment.
Signed-in-blank titles create serious risk: A title signed without naming the buyer (or with missing buyer address information) can be treated as an improper transfer and can delay or block registration.
Out-of-state paperwork differences: Some states use separate reassignment forms, odometer disclosures, or bills of sale. Even if the issuing state does not require notarization, North Carolina may still require a properly notarized assignment for the transfer to be accepted.

Conclusion

To transfer an out-of-state used car title in North Carolina, the key requirement is a properly completed assignment and warranty of title that the seller signs in front of a notary (or through a compliant electronic notarization process). A buyer generally cannot take an already-signed title to a notary and “add notarization” without the seller’s participation. The next step is to have the seller re-sign the assignment correctly in front of a notary and then file the title transfer paperwork with the North Carolina DMV.

Talk to a Real Estate Attorney

If a title transfer is being delayed because an out-of-state title is missing notarization or was signed incorrectly, our firm has experienced attorneys who can help explain options and timelines and coordinate the next steps. 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.