Posted by Theresa Dwinger on 7/23/07 9:50pm
Msg #201372

Notarizing on Federal Tribal Property

I am CA notary and have been asked to notarize documents on Federal Tribal Property. Technically, person on tribal property is not in CA.... Anyone with experience in this matter?
Thanks in advance for responses.

Reply by John_NorCal on 7/23/07 10:44pm
Msg #201387

I don't have first hand experience and it isn't covered in the handbook, but I don't believe there is any difference than signing in any other part of the state.

Reply by LisaWI on 7/23/07 10:51pm
Msg #201390

Realistically, where else would they be if not in California. We have a lot of reservations up here, so I would be interested in hearing if it is any different. And they have their own set of notary rules which are real close to our state rules if not better.

Reply by ZeeCA on 7/23/07 11:05pm
Msg #201393

me too as the land is considered federal and not state from I have been told... this is an interesting one...........

Reply by Gerry_VT on 7/23/07 11:21pm
Msg #201396

I don't know about tribal property, but I have read that state laws apply on some, but not all, federal property. So a state notary could probably notarize in a post office, in a national forest, etc. But a careful notary would investigate each situation.

Reply by JK/TX on 7/24/07 12:05am
Msg #201401

Re: Notarizing on Federal Tribal Property...ok..OKLA??.....

This is a very interest question....... w/all the reservations in Okla I know you must have some excellent insight on this matter. This has made me curious......... I'll trade you a Chili recipe for the answer to this one!

Reply by BrendaTx on 7/24/07 6:13am
Msg #201413

Re: Notarizing on Federal Tribal Property...ok..OKLA??.....

One of the first interesting questions I have seen here in awhile! Thanks for the post.

I'd call the SoS and if there are no further answers from them, I would just notarize as if in that state. JMHO.

Reply by John_NorCal on 7/24/07 12:09am
Msg #201402

Re: Notarizing on Federal Tribal Property - second take

From what I see tribal land is held in held in trust by the federal government for the benefit of the tribe. Most laws of the state are enforceable on the reservation. Tribal courts may have jurisdictgion over tribal members but not necessarily over non-members on tribal lands. So in my humble opinion, not to be taken as factual, although they are in a sense sovereign governments, they have no authority to enter into treaties, so they can not conform to conventions such as the Uniform Law on Notarials. While California law makes mention of commissioning notaries public to act strictly on a military reservation, there is no such provision pertaining to tribal lands.

Reply by Raimond on 7/24/07 7:51am
Msg #201419

I did a refi on Indian land earlier this year and asked the borrowers what county they were in as it was close to the border of 2 counties. They informed me which county they pay taxes to. If they pay county taxes then they are in California as I see it.

The Indian counsel had to approve the refi prior to me signing them and it had to be notarized. This notaries stamp was no different than mine.

Reply by Stamper_WI on 7/24/07 8:02am
Msg #201422

Bottom line

You are commissioned by and for the state. The venue is by State description of the location.