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signings of deeds in MA for properties

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T O P I C R E V I E W
readingnotary	Posted - 08/02/2010 : 6:58:22 PM I got a call today from a woman that wanted me to notarized the transfer of a deed from her mother to her for a property in Florida and I am licensed in Massachusetts only. First of all what are the regulations about signing deeds in MA and secondly about signing deeds that are not in MA? I sent an email to a contact at the governor's office but I figured I would ask any other MA notaries here as well. Heather Devaney
13 L A T E S T R E P L I E S (Newest First)
jbelmont	Posted - 11/03/2010 : 01:46:21 AM Do we have any more information about Massachusetts notary public issues? Please visit our MA notary page at http://www.123notary.com/massachusetts_notary/
Renee	Posted - 08/04/2010 : 1:02:26 PM Curious indeed ... Heather, are you by any chance quoting from a publication acquired from a source other than the SOS? (If you get my drift ...)
PWinFL	Posted - 08/04/2010 : 07:10:18 AM It is exactly the same in Florida. However, most documents used in interstate commerce and private use across state borders, do not require authentication. But, there are some that do. For example, MCO's (Manfacturer's Certificate of Origin) often require state authentication (e.g. apostille or certificate of authority) to be used in another state. And always is required for documents (and product) destined for use in foreign countries. Typically, notarized documents do not need authentication when used within the United States, but without the particular state. That is due to the US Constitution, as Lee stated. Note the last phrase in the statement quoted by Heather, quote: This authentication is known as a certification or legalization and is generally necessary for documents which leave the United States. Never drive any faster than your guardian angel can fly. I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice. Visit us online at http://www.PAWnotary.com
Lee-AR	Posted - 08/04/2010 : 06:33:49 AM Interesting, indeed. Seems to be in direct conflict with the US Constitution: Article. IV. - The States Section 1 - Each State to Honor all others Full Faith and Credit shall be given in each State to the public Acts, Records, and judicial Proceedings of every other State. And the Congress may by general Laws prescribe the Manner in which such Acts, Records and Proceedings shall be proved, and the Effect thereof.
LindaH	Posted - 08/03/2010 : 7:06:24 PM Thank you Heather...very interesting.. Linda www.notarydepot.com/notary/lindah http://www.notary.net/websites/LindaHubbell
readingnotary	Posted - 08/03/2010 : 5:57:04 PM Quoting directly from page 23 in the "What if the document I notarize is going out of the state or country?" "When a document that has been notarized by a notary public is to be sent to another country, or to another state, the authenticity on the notary must be established. This authentication is known as a certification or legalization and is generally necessary for documents which leave the United States. The certification or legalization is done by the Secretary of State's office." Heather Devaney
LindaH	Posted - 08/03/2010 : 5:28:51 PM quote: Originally posted by readingnotary Thanks for the answers. I know the law about closing; that's why I was concerned and the MA Notary manual has a section on closings but it is not really specific. There is a section that states that documents that are going out of the state have to go through the Secretary of State's office for certification so I guess that covers the out of state part. I sent an email to my contact at the Governor's office but, I have not gotten a response just yet. Heather Devaney Can you post the section of your manual and/or laws that addresses this? I believe you may be misreading it - notarizations going out of the country need to go to SOS for apostilles - never heard of out-of-state docs having to be authenticated by the SOS. Linda www.notarydepot.com/notary/lindah http://www.notary.net/websites/LindaHubbell
Maple	Posted - 08/03/2010 : 4:23:42 PM It is very unusual to request a verification from the county or the state for a notarization that will be used within the United States. A notarization by any notary within the U.S. is almost always accepted without further verification anywhere else within the U.S.
readingnotary	Posted - 08/03/2010 : 3:50:25 PM Thanks for the answers. I know the law about closing; that's why I was concerned and the MA Notary manual has a section on closings but it is not really specific. There is a section that states that documents that are going out of the state have to go through the Secretary of State's office for certification so I guess that covers the out of state part. I sent an email to my contact at the Governor's office but, I have not gotten a response just yet. Heather Devaney
LindaH	Posted - 08/03/2010 : 08:41:57 AM I agree with Paul - EO-455 states in part: "(k) A notary public who is not an attorney licensed to practice law in Massachusetts shall not conduct a real estate closing and shall not act as a real estate closing agent." http://www.lawlib.state.ma.us/source/mass/eo/eotext/eo455.txt Notarizing a deed is not conducting a closing and if that's all you're doing you should be fine. I didn't see anything in there stating that a notary cannot notarize property-related documents. You may want to check back with the proper state office to be sure that person wasn't mistaken - I'd call the bar association and ask them - make sure you make it clear that you've been asked to notarize a deed - not conduct an entire loan signing. Might also point out that it's out-of-state property - that may or may not make a difference. Good Luck. Linda www.notarydepot.com/notary/lindah http://www.notary.net/websites/LindaHubbell
PWinFL	Posted - 08/03/2010 : 04:28:52 AM quote: Originally posted by readingnotary I got an email from the governor's office telling me that nonattorney notaries in MA could not notarize anything related to properties. Please re-read the email from the Gov's office. Notaries are prohibited from performing a closing, per EO-455. However, simply notarizing the deed would still need to be done by a duly commissioned notary. So, imo, you are good to go if your task is nothing more than notarizing the deed. And, as Lee said, it must be witnessed by two witnesses (you can act as one). Be sure the witnesses clearly print their name beneath their signature. Never drive any faster than your guardian angel can fly. I am not an attorney licensed to practice law in the State of Florida, and I may not give legal advice or accept fees for legal advice. Visit us online at http://www.PAWnotary.com
readingnotary	Posted - 08/03/2010 : 03:58:58 AM I got an email from the governor's office telling me that nonattorney notaries in MA could not notarize anything related to properties. Though I appreciate your answer, that is why I was looking for an experienced MA notary to answer the question. The laws here in MA do not allow us to "notarize anything for that matter"; we can only do certain things. Heather Devaney
Lee-AR	Posted - 08/02/2010 : 10:48:02 PM If the signing party is in MA, you can notarize a Deed (or anything else, for that matter) that is to be recorded (or used) in any other state. I do, however, know that FL Deeds must have 2 witnesses in order to record, one can be the notary.