Posted by Michael/FL on 6/27/07 10:58am
Msg #197181

Question on signing

Here's one I'm kind of stuck on. I was uncertain kind of so I thought I'd ask.

The Mother is a Real Estate Broker who is selling a piece of vacant land for a cash deal, no need for a mortgage. A warranty deed will be created by a lawyer. I also will be working for the a title company whom which the lawyer owns here in Ocala.

Question I have, I can't do the closing since the land my mother (the Real Estate Broker) is selling is being sold to a buyer (which I don't know) with them being on the warrenty deed? That's the part I would be notarizing really.

I should know this answer which I think it is illegal but just wanted to make sure.

Thanks in advanced!

Reply by jba/fl on 6/27/07 11:07am
Msg #197186

Notary may not notarize for a ...mother..(FS 117.107(11)) n/m

Reply by Todd/OH on 6/27/07 11:08am
Msg #197189

You can't notarize anything that has a relative involved. Whether it's her land or not, she's still involved.

Reply by Michael/FL on 6/27/07 11:13am
Msg #197190

Gotcha, that's what I thought. I kinda got that whole "if capital gain is recieved" tied in my head.

Anywho thanks for the help

Reply by HARRY_PA on 6/27/07 11:30am
Msg #197196

Michael, check your PM.

Harry

Reply by BrendaTx on 6/27/07 3:24pm
Msg #197243

Re: Question on signing - I can

**You can't notarize anything that has a relative involved. Whether it's her land or not, she's still involved.**

Folks, read your rules. Todd isn't exactly right... for Texas, et al.

It would be helpful if Todd would tack on a little bit of source citing or state info before he posts broad-sweeping generalizations...for instance:


Texas SoS says:

MAY I NOTARIZE MY SPOUSE'S SIGNATURE?
MAY I NOTARIZE FOR MY SPOUSE'S BUSINESS?
MAY I NOTARIZE FOR MY RELATIVES?

The basic rules are: the act of taking and certifying acknowledgments cannot be performed by a notary public financially or beneficially interested in the transaction; and one who is a party to an instrument, cannot act as a notary public.

There is no specific prohibition against a notary public notarizing another spouse's signature or a notary public notarizing for a spouse's business. The facts in each situation will determine whether such action is proper.

Reply by sue_pa on 6/27/07 7:19pm
Msg #197291

...You can't notarize anything that has a relative involved...

well that's about as state specific as anything. Making a blanket statement like that is bad info.

Reply by PAW on 6/27/07 11:26am
Msg #197195

Suggestion

Since you are a new notary, Michael, I suggest you may want to download the Florida Governor's Reference Manual for Notaries (available as a single PDF file in the download section of my website), and read it, cover to cover. Be sure you know the Florida notary laws cold. I would hate to see a "neighbor" run into notary problems with the SOS or Governor's Notary Section for any reason.

Reply by Michael/FL on 6/27/07 11:31am
Msg #197197

Re: Suggestion

I just downloaded it now because yes I never recieved one and was unable to look the laws over. Not that large a book it seems so I should knock it out in an hour or so and be a lot more aware.

Reply by PAW on 6/27/07 11:37am
Msg #197198

Good for you! Great start. Now check you PM too. :) n/m

Reply by Michael/FL on 6/27/07 12:12pm
Msg #197205

Re: Good for you! Great start. Now check you PM too. :) n/

I think this post was one that tends to sit next to the blonde jokes haha No offense to any guys or gals with blonde hair either.

Thanks everybody for the input

Reply by dickb/wi on 6/27/07 2:39pm
Msg #197233

if i interpret your question right......

it isn't the grantee whos sig you notarize but the grantor [in this case your mother]......apparently by the posts below you wouln't be able to notarize your mothers sig in florida.....how ever we would be able to notarize a family mebers sig in wi....my .02.....

Reply by jba/fl on 6/27/07 6:30pm
Msg #197266

Re: if i interpret your question right......

Our rules clearly state as I posted earlier - a notary may NOT notarize for any family members. If mom has an interest, cannot do. If mom does not, can't do. This was actual quote.
In Florida, the rules may be different...that was our travel slogan for a while few years back,...but they never wavered on this.

Reply by Sylvia_FL on 6/27/07 7:33pm
Msg #197296

Re: if i interpret your question right......

Actually the statute doesn't say that you cannot notarize for any family member. Just says you cannot notarize for spouse, son, daughter, mother or father. You can notarize for other family members, just not immediate family.
However I wouldn't notarize for other family members if there could be any hint of conflict.

Reply by jba/fl on 6/28/07 2:33am
Msg #197372

Left out that word "immediate" for family...thanks Slyvia n/m

Reply by BrendaTx on 6/28/07 6:13am
Msg #197380

I used to think that Texas wasn't clear enough on things

However, the more I read some of the rules from other states the more I embrace the Texas notary law as having a common sense element that others don't.