What happens if I already signed the title before going to the notary? – North Carolina

Short Answer

In North Carolina, the seller’s assignment on a motor vehicle title generally must be signed in the presence of a notary (or other authorized officer). If the title was signed before the notary sees the signer, the notary should not notarize that signature, and the DMV may reject the transfer paperwork. The usual fix is for the seller to re-sign (or sign a corrected assignment) in front of a notary and complete the title transfer paperwork properly.

Understanding the Problem

Under North Carolina motor vehicle title rules, what happens if a seller already signed the title before meeting with a notary, and the title now needs to be used to transfer ownership and register the vehicle in North Carolina? Does North Carolina require the seller to appear before the notary for the title assignment, or can the buyer bring the already-signed title to a notary alone and still complete the transfer?

Apply the Law

North Carolina requires the owner transferring a registered vehicle to execute 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), unless the signing is done through an approved electronic process. Practically, that means the notary must witness the signer acknowledge/sign the title assignment; a notary should not notarize a signature that was already placed on the document outside the notary’s presence. If the notarization is not done correctly, the North Carolina Division of Motor Vehicles (NCDMV) can refuse to process the title transfer and registration.

Key Requirements

Proper execution of the title assignment: The seller must complete the assignment and warranty of title in the format the NCDMV accepts, including identifying the buyer.
Signature in front of an authorized officer: The seller’s signature on the assignment generally must be made/acknowledged in the presence of a notary (or other authorized officer), not after the fact.
Complete transfer information (no blanks): The assignment should not be left “open” or in blank; accepting a title assigned in blank can create serious problems and can be a crime under North Carolina law.

What the Statutes Say

N.C. Gen. Stat. § 20-72 (Transfer by owner) – Requires the owner to execute the assignment and warranty of title in the presence of a person authorized to administer oaths (with limited exceptions) and addresses problems with titles assigned in blank.
N.C. Gen. Stat. § 10B-35 (Official signature) – Requires the notary to sign only after the notarial act is performed, consistent with the rule that notarization is not a “stamp later” process.
N.C. Gen. Stat. § 20-347 (Odometer disclosure requirements) – Requires a written, signed mileage disclosure in connection with many vehicle transfers, which often ties into how the title paperwork is completed.

Analysis

Apply the Rule to the Facts: The facts describe a used-car purchase in a place where titles are not notarized, followed by an attempt to transfer/register in North Carolina, where the title assignment generally must be signed in front of a notary. If the seller signed the assignment before any notary was involved, a North Carolina notary should not notarize that signature after the fact, and the NCDMV can reject the paperwork. The practical result is usually delay: the seller must be contacted to sign again (or sign a corrected assignment) in front of a notary so the transfer can be processed.

Process & Timing

Who files: Typically the buyer/transferee. Where: A North Carolina NCDMV license plate agency (tag office). What: The assigned title and NCDMV title/registration application paperwork required for a new North Carolina title and registration. When: As soon as possible after the sale, because registration and title processing can be delayed if the title assignment is rejected.
If the title was signed too early: The cleanest fix is usually to have the seller appear before a notary and re-execute the assignment correctly (or complete a corrected assignment as the NCDMV will accept). A tag office can often explain what correction they will accept, but they generally will not “override” the witness requirement.
Finish the transfer: Once the assignment is properly notarized and the rest of the transfer information is complete (including any required mileage disclosure), the buyer submits the packet to the tag office for processing and issuance of North Carolina title/registration.

Exceptions & Pitfalls

Notary cannot notarize a past event: A notary should not notarize a signature that was placed on the title when the signer was not present to sign/acknowledge. This is a common reason transfers get rejected.
“Signed in blank” risk: Leaving the buyer section blank or accepting a title assigned in blank can trigger seizure/hold issues and criminal exposure under North Carolina law. The assignment should be completed with the buyer’s information as required.
Odometer disclosure problems: Many transfers require a signed mileage disclosure. If the mileage section is missing, inconsistent, or completed incorrectly, the NCDMV may refuse the transfer until corrected.

For a closely related question about whether the seller must appear, see whether the seller has to be present when the car title is notarized.

Conclusion

In North Carolina, the seller’s title assignment generally must be signed in the presence of a notary (or other authorized officer), so a title signed before the notary appointment can be rejected and may need to be re-signed correctly. The safest next step is to have the seller re-execute the assignment and warranty of title in front of a notary and then file the completed title transfer packet with a North Carolina NCDMV license plate agency as soon as possible.

Talk to a Real Estate Attorney

If a title transfer is stalled because the title was signed before notarization or the seller is no longer available, our firm has experienced attorneys who can help explain options and timelines for getting the paperwork corrected. 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.