Posted by CMS_NY on 9/12/06 2:29pm
Msg #145532

Out-of-State Property

What notarial wording should be used for an acknowledgment when notarizing for a property located in a different state?

Ie. Closing in NY, property in CT

There has been confusion as to what the proper wording should be since the mortgage in this case will be recorded in a county in CT.

Although this is true, it is my belief that the documents should be notarized with the proper wording of the VENUE it is being acknowledged in. RIGHT or WRONG??

T.I.A.

Reply by JM_NY on 9/12/06 4:03pm
Msg #145562

If you are in NY it is State of NY County of- what ever county you are signing in. Where isn NY are You?

Reply by CMS_NY on 9/12/06 11:37pm
Msg #145676

Sorry JM_NY, I don't think you understood my question correctly.

The question was not about filling out the venue portion of the notarial certificate, it was in concern for the proper notarial wording for an acknowledgment for an out-of-state mortgage.

Various states have different notarial wording for their state. Please try to re-read the question/statement from before.

Reply by Gerry_VT on 9/12/06 4:38pm
Msg #145570

I would use wording that is authorized where the signing takes place. Many states that specify the wording also allow wording that is legal in the place where the recording will occur, so the wording that YOUR state requires might be more flexible when the document will be recorded out-of-state.

The witness requirement must satisfy the state where the recording will occur, and also the wishes of the lender or title company (if stricter).

Reply by PAW on 9/12/06 4:41pm
Msg #145572

When completing a notarial certificate, you follow YOUR state laws. That is, your certificates must comply with NY requirements. It makes no difference where the property is located.

The only time property location is important to NSA's, is when considering the witnesses requirements for deeds and mortgages. Since the property is located in CT, then the deed/mortgage needs to be witnessed by two witnesses, one of which can be the notary public.

Reply by MelissaCT on 9/13/06 8:11am
Msg #145703

Re: Out-of-State Property - CT

CT does require 2 witnesses on deed, notary can be one of them. Email me if you have any specific questions, otherwise, CT isn't too picky about notarizations -- will accept wording that is *substantially the same* from anywhere else.

Reply by Andrea Ciardo on 9/16/06 7:15pm
Msg #146555

I also had a NY closing for a CT property. I used NY ack and jurats and witnessed as needed.
I believe the venue of the notorization determines the certificate used. So in this case it would be NY.Hope this helps