Posted by ManyBell_Tx on 3/26/05 9:20pm
Msg #27863

Out of State Property

Do you notarize a MORTGAGE that has an out of state property address?

Reply by Korey Humphreys on 3/26/05 9:24pm
Msg #27865

If the signer is in your presence (MA anyway) n/m

Reply by Art_MD on 3/26/05 9:49pm
Msg #27867

It is not unusual to do refis or HELOCs for out of state property. Often are rentals or 2nd homes.
You run into cases where something delayed a signing and the people are visiting for several days/weeks in another state. Paperwork was done at daughters house in MD for property in NY.
Also, people in Delaware come into MD to get paperwork done. Del is a attorney state. Costs a lot more and attorneys want to make appointments 2 weeks in advance.

Only thing to watch is the witness requirements. If the DOT is for a state like louisiana, there are specific requirements. I could be wrong, but to record a DOT in LA, it requires 2 witnesses plus the notary.

Art

Reply by CharlotteTX on 3/26/05 10:52pm
Msg #27874

Yes I have done this several times, where the borrower is in town and their property is in CA.

Reply by Jeanie on 3/27/05 12:28am
Msg #27892

I perform several signings a month for BR's who are vacationing in the Orlando area. We usually meet in their hotel room or a restaraunt. I follow my states notary laws. I'm signing in Florida so I follow Florida laws. I read Art's reply to your question and I respect his dedication. However, I usually don't have printed docs until minutes before I have to leave for the signing. I don't know where the property is until I've received the docs. There's no time to research the notary laws in the state the property is located. If there are special needs I expect the SS to supply the information. I don't think you go wrong in following your state's notary laws.

Reply by PA Notary on 3/27/05 9:52am
Msg #27914

Someone please correct me if I'm wrong.....I don't think the location of the property has anything to do with verifying identity and Notarizing a signature. That's our job, as I see it.
I have done more than a few 'split' signings where one of the bwrs was in a different state...just requires a loose ack because 2 Notaries are involved.

Reply by PAW_Fl on 3/27/05 8:35pm
Msg #27950

From a notary perspective, you are absolutely correct in that it makes no difference where the property is located. You complete your notarial certifications and perform your notarial duties according to YOUR state laws.

The Signing Agent portion is a different matter. However, the only thing that a Signing Agent may be interested in, is the witness requirements needed for the Deed and/or Mortgage. It really isn't the signing agents responsibility to know the laws of other states, but the witness requirements are very simple to remember and show a higher level of commitment and responsiveness to a title company if you know what they are.

As and FYI, here are the witness requirements, as I know them:

2005 State Witness Requirements
-------------------------------
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.