If a document was witnessed by two parties (an uninterested party and a Notary) but also notarized by the same Notary who served as a witness, is there any kind of affidavit of correction that can be attached to validate the document? I have consulted my own Notary manual to see if this issue is one that we have guidance on, but am unable to find any. My initial thought was that an affidavit of correction could detail that both witness signatures are valid and only the notarization was improper, and then I can serve as the Notary to re-notarize, but I want to be sure this is appropriate before moving forward. — J.S., North Carolina
You are correct in being concerned about the Notary serving both as a witness and notarizing the document. G.S. 10B-20(c) would prohibit this. But whether an affidavit of correction or getting the parties together again to re-execute the document with two witnesses in addition to the Notary is not a decision you, as a Notary, can make. Have the parties consult an attorney on this.
For more information about potential conflicts of interest when witnessing a document, please see our article on requests for Notaries to also act as individual document witnesses.
Hotline answers are based on the laws in the state where the question originated and may not reflect the laws of other states. If in doubt, always refer to your own state statutes. – The Editors
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