Posted by Clara Harris on 9/18/06 1:00pm
Msg #146769

Georgia Notaries

I'm aware that Georgia is now an all attorney state but I'm beginning to get a lot of calls from signing companies asking me to witness signatures like never before. They are stating that if the property is not in the state of Georgia, then it's okay for a notary to do it. Is this correct?

Reply by PAW on 9/18/06 1:21pm
Msg #146774

No, that interpretation is not correct ...

According to the way the law was written (and I interpret it), any closing that takes place within the boundaries (state lines) of Georgia, require an attorney to perform the closing. It doesn't make any difference where the property is physically located. The closing process falls under the jurisdiction of the state in which the process takes place, i.e. Georgia.

For a definitive answer, call the SOS office and ask them if you can perform "witness only" closings within GA for out of state property.

http://www.gabar.org/handbook/handbook_upl_advisory_opinions/

DISCLAIMER: The preceding is not to be construed as legal advice nor legal opinion.

Reply by Charm_AL on 9/18/06 1:29pm
Msg #146776

Re: No, that interpretation is not correct ...

"The closing process falls under the jurisdiction of the state in which the process takes place, i.e. Georgia."

PAW, this is what I was told by S.C dept of Consumer Affairs's attny. for a purchase signed in another state.

He also said S.C. notaries cannot close. I talked to a S.C notary who does re-fis, she stated that only lawyers can do purchases. I'm always reminded that it's different everywhere.

Reply by Clara Harris on 9/18/06 1:33pm
Msg #146777

Re: No, that interpretation is not correct ...

Thanks!

Reply by Ernest__CT on 9/18/06 8:03pm
Msg #146853

How about refi-ing GA properties and ...

... signing in another state? Recently I got a call from a lady at a company that wanted me (a CT Notary) to do the refinance signing in CT for a couple who own Georgia property. She called back in a couple of hours to say that the signing was cancelled because the property was in GA; she stated that she'd have to find a CT attorney.

Can anyone comment, please?

Reply by hcampersFL on 9/19/06 8:31am
Msg #146906

Re: How about refi-ing GA properties and ...

I own property in GA. I refied it in Fl. We didn't have to have an attorney but we did need 2 witnesses for the DOT.
Beverly