Posted by jerrytuttle on 5/9/05 5:37pm
Msg #36722

State Specific Notarization Requirements

Hi,

I am a newly commissioned notary in NJ.

I don't recall anything in the reading material about state specific requirements. Is there something I should not notarize in another sttae such as NY? Is there some benefit to getting approved as a notary by NY?

Thank you.

Jerry Tuttle
www.SoOrangeNotary.com

Reply by Sylvia_FL on 5/9/05 5:43pm
Msg #36726

To become a notary in NY you would have to live in NY or have your office physically in NY.

You follow your state's notary laws - your notary laws are state specific for your state.
NY laws are state specific for NY and so forth. Each state laws are state specific.

When you get documents that need notarizing you follow New Jersey's laws on notarizing.


Does this help?

Reply by Ted_MI on 5/9/05 9:21pm
Msg #36779

Re: Sylvia - a comment

Sylvia,

I think the following should be added to your third paragraph "as long as the property in question is located in New Jersey. If the property is located elsewhere, then you follow the laws of the state where the property is located."

What comes to mind in particular is rules relatives to the necessity of witnesses.

Is this correct? I ask, because I believe you have been at this a lot longer than I have.

Reply by PAW_Fl on 5/9/05 9:28pm
Msg #36781

Re: Sylvia - a comment

Ted, I'm not Sylvia (thank goodness ) but...

Sylvia is correct in stating that you must follow your own states notary laws for any notarizations that you do. The "witness requirements" are for recording of the documents and generally are found in the real property conveyance laws, not in notary laws as the witnessing is not a notarial function. (Of course, I am referring strictly to the requirement of having witnesses on deeds and mortgages and other real property associated documents, and not POA's, wills and such.)

Reply by Sylvia_FL on 5/9/05 9:59pm
Msg #36791

Re: Sylvia - a comment - PAW_FL

"Ted, I'm not Sylvia (thank goodness ) but..."

Thank goodness you are not me from me too. You can't be me. You are my "popsie"

(There are several differences between us <ggg>)

Reply by Sylvia_FL on 5/9/05 9:56pm
Msg #36790

Re: Sylvia - a comment

I did (I think) specify to follow the notary laws. Witness requirements are covered under the Real Estate laws and not the notary laws.

You always follow your own state's laws for notarizations.

Reply by jerrytuttle on 5/10/05 6:30am
Msg #36851

Non Real Estate Notarization

How about a non real estate notarization?

Can I perform such a notarization in New York with my NJ credentials?

Thank you.

Jerry Tuttle
www.SoOrangeNotary.com

Reply by Art_MD on 5/10/05 7:01am
Msg #36854

Re: Non Real Estate Notarization

NO !!!

A commission as a notary is done by your state authorities. You are a quasi-goverment officer. No state can give you authority in another state. Your handbook will tell you that you can notarize docs anywhere in the state.

Art

Reply by Gerry_VT on 5/10/05 3:20pm
Msg #36983

Re: Non Real Estate Notarization

jerrytuttle wrote "Can I perform such a notarization in New York with my NJ credentials?
"

If you mean, can you notarize a document about matters that occur in New York, provided the signer travels to NJ and meets with you in person in NJ, then yes. If you mean, can you travel to NY and notarize a document while you are in NY, then most likely, no.

Vermont has passed a law allowing VT notaries to perform notarial acts while out of the state, provided the document relates to real estate that is located in Vermont. I'm not sure how the New York Secretary of State would react if I actually tried to do that.