Posted by Fay Hudson on 1/3/03 9:53am
Msg #2
Out of State notarizations
When you receive an assignment and the loan documents are out of state, i.e., Nevada or Oregon, what is the proper procedure?
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Reply by PAW Notary Services on 12/18/04 7:40am
Msg #13999
No difference in procedures. Just a few "gotcha's" to watch out for:
Venue - Make sure the venue on your certificates are where YOU are when you do the signings.
Property address, description - Make sure the property is the correct property. (We do a lot of out of state signing for snowbirds here and quite often the address or property description is incorrect. They get the physical address and mailing addresses backwards.)
Witnesses - Some states require witnesses for recording. This is not to be confused with notarial witnesses like for wills, but for real estate recording the in the state the property is located in. There are only 5 states you need to be aware of (see below). The title company, lender or SS assigning the job to you should make you aware if witnesses are required for the DOT/mortgage, but a lot do not.
2005 State Witness Requirements
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CT - 2 witnesses, one can be the notary
FL - 2 witnesses, one can be the notary - DEEDS OF CONVEYANCE ONLY, not mortgages
GA - 2 witnesses, one MUST be the notary
LA - 2 witnesses, CANNOT be the notary
SC - 2 witnesses, one can be the notary
NOTES:
1) FL - Mortgages DO NOT require witnesses, DEEDS (QuitClaim, Warranty, etc.) do.
2) VT - Effective 7/1/04, Act 150, Sec. 1.27 V.S.A. §2 was amended to remove witness requirements.
3) Lenders may require witnesses, even though there is no state requirement.
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