Posted by BarbaraL_CA on 7/13/06 4:18pm
Msg #133042
Re: CANADA Transfer Deed being notarized in California
Below are emails to/from the CA SOS office - and even they don't know the answer. Has anyone experienced this, or is anyone an Attorney that can answer this?
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From: Barbara Linker [mailto:[e-mail address]]
Sent: Thursday, July 13, 2006 1:20 PM
To: [e-mail address]
Subject: Question re: Notarization of Transfer Deed for Property in Canada
A client in California has property in British Columbia, Canada and has a Transfer Deed to take him off the Deed.
California Civil Code 1189C states it is ok to notarize (as long as it doesn't represent capacity)
if "it is to be filed in another state or jurisdiction of the United States".
The Title Company in Canada will not accept a loose acknowledgement and says that it must be notarized on the same page in the same wording.
(no capacity representation)
Can this be done, and if not, how what needs to be done?
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From: [e-mail address] [mailto:[e-mail address]]
Sent: Thursday, July 13, 2006 1:40 PM
To: [e-mail address]
Subject: RE: Question re: Notarization of Transfer Deed for Property in Canada
Dear Ms. Linker,
As long as there is no violation of California notary laws, then a California notary public may notarize a document with the wording that the out of state requestor provided, which complies with that state's laws. If the notarial wording does violate California laws, then it could not be used and the California acknowledgment must be attached in order for a California notary public to notarized the signature.
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From: Barbara Linker [mailto:[e-mail address]]
Sent: Thursday, July 13, 2006 1:49 PM
To: [e-mail address]
Subject: RE: Question re: Notarization of Transfer Deed for Property in Canada
Thank you for your quick response.
However, what concerns me is that it is out of the COUNTRY (I'll admit that's out of state as well, lol), and the Civil Code 1189C specifically states if "it is to be filed in another state or jurisdiction of the United States". This is property in CANADA and the deed is recorded in Canada. So, is it still ok?
Sorry, I just want to make sure.
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From: [e-mail address] [mailto:[e-mail address]]
Sent: Thursday, July 13, 2006 1:58 PM
To: [e-mail address]
Subject: RE: Question re: Notarization of Transfer Deed for Property in Canada
That's a good point. The law does not specifically address "out of the country", but I would imagine it would be the same requirement, as long as there is no violation of notary laws. To be safe, you may want to get a legal opinion on this, as it is not addressed in the law.
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