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jbelmont
California
3106 Posts |
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Renee
Michigan
549 Posts |
 Posted - 08/04/2010 : 1:02:26 PM
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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 ...) |
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PWinFL
Florida
469 Posts |
Posted - 08/04/2010 : 07:10:18 AM
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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 |
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Lee-AR
Arkansas
678 Posts |
Posted - 08/04/2010 : 06:33:49 AM
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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.
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LindaH
Florida
1754 Posts |
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readingnotary
Massachusetts
6 Posts |
Posted - 08/03/2010 : 5:57:04 PM
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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 |
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LindaH
Florida
1754 Posts |
Posted - 08/03/2010 : 5:28:51 PM
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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
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Edited by - LindaH on 08/03/2010 5:29:50 PM |
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Maple
51 Posts |
Posted - 08/03/2010 : 4:23:42 PM
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| 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. |
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readingnotary
Massachusetts
6 Posts |
Posted - 08/03/2010 : 3:50:25 PM
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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 |
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LindaH
Florida
1754 Posts |
Posted - 08/03/2010 : 08:41:57 AM
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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
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PWinFL
Florida
469 Posts |
Posted - 08/03/2010 : 04:28:52 AM
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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 |
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readingnotary
Massachusetts
6 Posts |
Posted - 08/03/2010 : 03:58:58 AM
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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 |
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Lee-AR
Arkansas
678 Posts |
Posted - 08/02/2010 : 10:48:02 PM
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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.
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readingnotary
Massachusetts
6 Posts |
Posted - 08/02/2010 : 6:58:22 PM
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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 |
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Topic |
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Dear Signing Agents,
signings of deeds in MA for properties
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