Posted by Joanne_NY on 9/19/06 4:09pm
Msg #147000

Closing on an Indian Reservation

I just received a request for a purchase closing on an Indian Reservation. This reservation is located in both New York and Quebec and is totally on Indian Land. As with most reservations, they are not subject to our laws and are self governing (own judicial system, own police, etc. - in fact, State Police cannot enter the reservation. That being said ... my question ... can we notarize on a reservation if it is a separate "nation" located within the boundaries of New York State?

Reply by Becca_FL on 9/19/06 4:16pm
Msg #147002

Great question Joanne. I don't know the answer, but will be watching for responses.

Reply by PL on 9/19/06 4:22pm
Msg #147005

That's a good question

I looked up in the NY notary rules and found this paragraph:
Venue
The geographical place where a notary public takes an affidavit or acknowledgment. Every affidavit or certificate of acknowledgment should show on its face the venue of the notarial act. The venue is usually set forth at the beginning of the instrument or at the top of the notary’s jurat, or official certification, as follows: “State of New York, County of (New York) ss.:”. Section 137 of the Executive Law imposes the duty on the notary public to include the venue of his act in all certificates of acknowledgments or jurats to affidavits.

What county does the reservation lie in? If it were me I'd call Albany and ask them, I signed one once for reservation property, but they met me halfway, because of the distance. So really we signed it outside of the reservation. Good luck.

Reply by Jenny_CA on 9/19/06 4:33pm
Msg #147014

Re: That's a good question

I do recall that Indian reservations and Military sites ( ugh! am blank and can't think of the name)are off sites for us. Sorry, not looking it up in the handbook but might sometime at night.

Reply by Terri_CA on 9/19/06 7:15pm
Msg #147050

Re: That's a good question

Actually, as long as the signing location is considered to be in X county in X state, then you can perform a notarization on an Indian Reservation. A notary can also perform notarizations on Military Bases, they just can't charge for the notarizations.

However, double check with your State's Notary Government Body to find out for sure. Otherwise, suggest another signing location where you're sure you're ok to perform the notarization. Restuarants are fine, don't eat or drink anything until after the signing. I've done it a few times.

Terri
Lancaster, CA
CA Notary Exam Instructor

Reply by sue_pa on 9/19/06 7:37pm
Msg #147054

Re: That's a good question

I charge on military bases. Why do you say you can't? Perhaps it's a CA thing.

Reply by Terri_CA on 9/20/06 8:33pm
Msg #147359

Re: That's a good question

Yes, it's a CA notary law.

Reply by Gary_CA on 9/19/06 4:21pm
Msg #147004

Why bother? n/m

Reply by Gary_CA on 9/19/06 4:24pm
Msg #147007

Grrr... enter to post tab to message, that's the 99th time.

Consider this post deleted.

Reply by Gary_CA on 9/19/06 4:22pm
Msg #147006

Can you sign at a nearby restaurant in the good ole USA?? n/m

Reply by MasterCloser on 9/19/06 5:04pm
Msg #147024

Re:no you cant do a signing in a restaurant..read on

I tell anyone who suggests a signing in a restaurant " You don't want me to get gravy all over the loan papers do you?" This USUALLY makes them see things my way.
Have a profitable day!

Reply by Stamper_WI on 9/19/06 5:52pm
Msg #147035

Re: Re:no you cant do a signing in a restaurant..read on

I seem to remember that tridal members have dual citizenship and that the laws of the state apply on the reservation as they do off. But I would definately check it out. I know when I am on Base the address has a US state appropiate zipcode as does the reservation.

Reply by ReneeK_MI on 9/20/06 8:46am
Msg #147159

Any follow-up?? Very interesting question!

I spent some time this morning researching this just out of curiosity (just on the internet). I sure couldn't find any answers. I did pull up a document from a reservation that had what almost appeared to be a notarial block - the venue was Some Indian Tribe/Some Indian Tribe Reservation/State, but the signature block was not like any notarial signature of any state - it all gave me the impression of it being that Indian Tribe's OWN signature 'certification' protocol. Interesting.

Would love to know what the answers were to your questions!

Reply by MICarole on 9/20/06 10:53am
Msg #147211

Re: Any follow-up?? Very interesting question!

My husband (prior to his death) was a member of the Soo Tribe of Chippewa Indians in the UP of Michigan. He was also an attorney and practiced in the Tribal Court. On his reservation, at least, we always used the State and County in the notary block, and basically used the same format as any other state court in Michigan. But, that was more than 7 years ago and it could have changed.

Reply by Adirondack Signing Service on 9/20/06 11:06am
Msg #147215

And the answer is... if the land is from an individual to an individual held in fee simple which happens to be in the confines of the reservation, then it is okay. If the property is tribal land which is land held in trust, then the notarial act would be questionable. This is according to the Office of Tribal Justice, Deputy Director, in Washington, D.C.

Reply by MICarole on 9/20/06 11:10am
Msg #147216

Wow! thanks for the info. I have a call into one of the Tribal Attorneys there, still waiting for a call back.