Electronic Signatures and “Remote Notarization” in South Carolina

“Can’t we sign electronically?” is a question I am asked often when it comes to the execution of legal documents, especially since the COVID-19 outbreak and related recommendations to basically avoid as much human contact as possible.  The short answer is: it depends on the document. While many electronically signed documents may be valid and enforceable between the parties, there are certain transactions that require compliance with additional, specific formalities (for example, witness and notary signature requirements).  The issue comes up most often in the context of real estate transactions. South Carolina is a race-notice state (which is a topic for another day), hence the need to record documents like deeds and mortgages. South Carolina law requires recordable instruments to be executed…