Posted by Eve on 11/16/11 3:00pm
Msg #404203

VA Notary, Notarizing in Washington, DC & Maryland

I'm a VA notary, not commissioned in nearby DC or MD. I've made efforts to get commissioned in those areas but encountered criteria I couldn't meet. I'd always understood that I could only notarize docs there if they were going to be filed in VA. Found this puzzling because as a NSA, most of the docs I notarize in VA are filed in other states.

Today, I turned down a call from a regular client who was surprised I couldn't notarize his docs in DC for filing in CA because I'm only commissioned in VA. I then called the VA Secy of State's Office, Notary Division to see if I was correct in turning down this work. She told me that I can notarize docs in those areas or any other area as long as I follow the VA notary laws regardless of where the docs will be filed.

I know this topic has been discussed on here before. Another website contains notary info for all of the states and clearly states my earlier understanding.

Help. Any of you have any input on this?

Thanks!

Reply by ToniK on 11/16/11 3:10pm
Msg #404207

Thats interesting. I was called to do a signing in Germantown MD last week and told the scheduler unless it taking place on Virginia soil, whereas the borrowers wants to meet me in Tysons Corner, I cannot drive into MD and do a signing. Im only commissioned for VA which I take it as anywhere in Va I can notarize but cannot in any other state. Its the place of notarization that is the question. I sign many docs that are recorded in another state.

Reply by Matt_VA on 11/16/11 4:12pm
Msg #404222

Never, never , never go outside Virginia, not DC, not even the Pentagon! It is not in any state and must be done by a JAG. Read the VA notary handbook! If your notary act is in Va it can be filed on the moon. All that matters is that you complied with VA notary law. Makes no difference. The act MUST be done in Virginia. Read the Handbook. You can download off the SOC site. Remember, it's your tail that's in a sling and no one else cares. Been a VA notary for 10 years.

Reply by Matt_VA on 11/16/11 4:45pm
Msg #404227

Re: VA Notary, I was wrong!

I stand corrected. I still would not go outside VA. Why take the chance?

(§ 47.113,
§ 47.113.1)
All Virginia notaries are notaries atlarge
and have authority to perform all traditional notarial
acts anywhere within the Commonwealth of Virginia.
Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of
Virginia. Documents notarized by a Virginia notary who is traveling outside of the
Commonwealth by Virginia no longer need to be for the narrow purpose of being recorded or
filed in Virginia. A traditional notary public may perform any notarial act outside the
Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the
United States government

Reply by Eve on 11/17/11 7:28am
Msg #404287

Re: VA Notary, I was wrong!

This still looks like we can physically notarize outside VA but the docs have to be filed in VA or have to be Fed Govt. I mentioned that to the staff member I spoke with and she kept repeating that the docs don't have to be filed in VA. I'm going to call again today. Maybe she was a newbie.

Well, if it's legal, I'm right on the line with MD and DC and have turned down a bunch of business. But, I agree, if it aint legal, I'm not doing it.

Reply by Eve on 11/17/11 7:25am
Msg #404286

I've read the handbook but will recheck it. Thought I'd go straight to the source. Thanks

Reply by Eve on 11/17/11 7:24am
Msg #404285

I know, I've turned down a lot of business. I kept asking the person at the Secy of State's office/Notary Div if she was sure ... she reiterated that I could physically notarize in VA and MD for docs filed in any state as long as I follow VA law ... She was the person that answered the phone. Think I'll call again today.

Reply by Linda_H/FL on 11/17/11 8:17am
Msg #404295

Why bother calling again and wasting more time?

You have your answer...it's very clear in your handbook on page 5:

"JURISDICTION –
TRADITIONAL NOTARIZATION
(§ 47.113, § 47.113.1)

All Virginia notaries are notaries at large and have authority to perform all traditional notarial
acts anywhere within the Commonwealth of Virginia.

Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of
Virginia. Documents notarized by a Virginia notary who is traveling outside of the
Commonwealth by Virginia no longer need to be for the narrow purpose of being recorded or
filed in Virginia. A traditional notary public may perform any notarial act outside the
Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the
United States government."

http://www.commonwealth.virginia.gov/Notary/NotaryHandbook.pdf

It doesn't get any clearer than that IMHO

Reply by Linda_H/FL on 11/17/11 8:18am
Msg #404296

Oops..sorry...page 6 n/m

Reply by Eve on 11/17/11 8:34am
Msg #404298

Your are right. Thank you for the info n/m

Reply by FlaNotary2 on 11/16/11 3:17pm
Msg #404209

The SOS is wrong on this one

VA notaries can notarize outside VA - but they can ONLY notarize documents which are intended to be used or recorded in VA. If you are within the state of Virginia, you can notarize anything. Outside of Virginia, you are limited to what you can notarize, and you can only notarize documents which will be used in Virginia.

So for a CA property - if you are in Virginia, you can notarize. Outside Virginia, you can not notarize.

Reply by anotaryinva on 11/16/11 6:33pm
Msg #404240

The Pentagon is in Arlington, VA. n/m

Reply by Eve on 11/17/11 7:30am
Msg #404289

Re: The Pentagon is in Arlington, VA.

It is. This signing would take place in the heart of DC though.

Reply by Linda_H/FL on 11/17/11 8:07am
Msg #404294

Be aware..*IF* this is a "loan" signing...

I do believe D.C. requires TPL and $500,000.00 E&O or liability insurance to do loan signings there - might want to check that out as it's a fairly new requirement.

If it's simply a general notarization, I'm not sure I'd travel out of state for one general notary gig...and no matter - you can't do it since it's not going to be used in VA - it's for use in CA..

Reply by Eve on 11/17/11 8:35am
Msg #404299

Re: Be aware..*IF* this is a "loan" signing...

Thank you. Just wanted to confirm my original opinion on this ...

Reply by CopperheadVA on 11/17/11 12:27pm
Msg #404318

No company could pay me enough to go to heart of DC

to notarize, even if the docs WILL be filed in VA. What a PITA. (LOL!)

Reply by Eve on 11/17/11 12:58pm
Msg #404320

Re: No company could pay me enough to go to heart of DC

Amen.

Reply by MW/VA on 11/16/11 7:45pm
Msg #404251

Exactly, and a VA notary should know this. n/m

Reply by Eve on 11/17/11 7:31am
Msg #404290

Re: Exactly, and a VA notary should know this.

Should know what? Let's be constructive here.

Reply by Eve on 11/17/11 7:40am
Msg #404292

Why that comment? n/m

Reply by Eve on 11/17/11 7:29am
Msg #404288

Re: The SOS is wrong on this one

Thanks, that was my original understanding as well.

Reply by MW/VA on 11/18/11 8:24am
Msg #404393

As a follow-up, I've heard many people say they didn't

get much satisfaction when they called the SOC Notary Division with a question. Also, keep in mind that the SOC doesn't involve itself much with NSA work, because there's not particular state requirement for that. Every now & then the issue of CRESPA will come up. We are NOT required to have a TPL in VA.