Posted by Ted_MI on 1/19/05 6:54pm
Msg #17387

Re: interesting situation

OK Ok the situation is interesting to me. Earlier today I got a call from a ss that related to some borrowers in suburban Detroit who were either refinancing or taking out an equity loan on property in Georgia. Given that Georgia is an attorney state, the lenders specified that an attorney was needed to handle the signing. My response was that I could understand if this involved witness requirements for out of state property, but I really didn't think that an attorney was needed as the signing was not taking place in Georgia.

She said that she would talk to her supervisor and then get back to me. It wasn't a very reputable ss, so I guess I was lucky that I didn't hear back from her.

So anyone else have any thoughts. Wouldn't just a regular old nsa be sufficient?

Reply by pan/nd on 1/19/05 7:05pm
Msg #17389

Re: interesting situation

Ted,

I has a similar situation a while back. It was your case exactly except the property was in Washington state.

Turned out Washington is apparently an "attorney only state"..so I had to scrounge around on a Friday afternoon at 5pm on a nice summer day in July to try to come up with an attorney.

Finally found one and the papers were signed and the deal closed. Both yours truly and the attorney got paid.

Such a deal.

Reply by MI_Notary on 1/19/05 7:16pm
Msg #17391

Re: interesting situation

Ted - I would guess the same thing. You were performing the signing in Michigan and therefore, you need to abide by Michigan Laws or at least that is what I think and would do. It is surprising that they didn't know that. I guess if you learn anything differently, let me know as I may run into the same thing in the furture. Thx.

Reply by maureen/nh on 1/19/05 7:30pm
Msg #17393

Re: interesting situation

I did one around Thanksgiving on SC property. We were to contact, by phone, an SC attorney during and after the signing. Was kind of neat.

Reply by Julie-MI on 1/19/05 8:28pm
Msg #17400

Re: interesting situation

Ted, if you a NNA member, maybe their lawyers could give you an answer. Inquiring minds want to know.

Reply by Ted_MI on 1/19/05 10:38pm
Msg #17410

Re: interesting situation

Julie,

Good idea (and yes I am a member), but Paul's experiences and beliefs seem on the money. And they do conform to what my suspicions were.

Reply by PAW Notary Services on 1/19/05 9:47pm
Msg #17406

Re: interesting situation

I have signed on a few Georgia properties since GA became an attorney only state. The statute says that attorneys are required within the state boundaries. I did not have an attorney present at the signing and have not heard back that there was any problem with the signing or recording in Georgia for Georgia property.

From the GA UPL Advisory 2003-2, "... the Committee concludes that, subject to any relevant exceptions set out by the Georgia legislature or courts, one who facilitates the execution of a deed of conveyance on behalf of another within the state of Georgia is engaged in the practice of law."

Reply by Ted_MI on 1/19/05 10:33pm
Msg #17409

Re: interesting situation

Paul,

Tx for your presentation of your experiences. My gut feeling was that one was not needed

Reply by joe/nc on 1/19/05 11:26pm
Msg #17419

Re: interesting situation

I live in NC and have done signings for people from SC. SC is an attorney state but since I am in my state I did not need an attorney and only needed a witness since they require witnesses for their state.

Joe/NC

Reply by kathy on 1/20/05 5:56am
Msg #17429

Re: interesting situation

At my old job, we would close loans for the state of Georgia, outside of the state, however there is a document with the security deed called "Waiver of Borrowers Rights". I have only seen this in Georgia. We had an attorney in Georgia, he would call the borrowers after the signing, and explain what this documnet was, and we would send it to him to sign as the attorney. Read the fine print on this document if you ever see one. I believe this is the only page required to be done by an attorney.

Reply by Art_MD on 1/20/05 10:11am
Msg #17443

Re: interesting situation

Delaware is also an attorney state. I have done several signings where the borrower crosses into MD and the papers are executed. As long as 1. the notary jurats and affidavits meet MD requirements and 2. witnesses required by DE are met, the paperwork is fully acceptable in DE.
Federal law dictates that legally acceptable acts in one state are recognized in another. So, notary acts meeting a states requirements are accepted in all states. HOWEVER, if a state requires witnesses and the state where executed doesn't, the requiring state may refuse to record a document.

Art