Posted by Linda_H/FL on 12/30/08 12:14pm
Msg #273100

Strange telephone call today

from a gentleman purporting to be calling from Germany (I can't trace the telephone number back) - asking for notary services..stated he owns a company in Nevada, wants to transfer some property (with gold mineral rights) located in Arizona to his company in Nevada and wanted my help as he needed several documents notarized. He cannot fly to US at this time, was wondering if it could be done by mail...

After explaining the presence requirement he says Okay, perhaps I can travel to US next summer and I will contact you to help me....hmmmm....

I told him if he's in the country, more specifically in FL, and had acceptable ID, I'd be happy to notarize his signature but beyond that I was not an attorney and could not help with the transfer of the property. I then made a couple suggestions/referrals on who to contact to effectuate the transfer (embassy, attorneys, etc., etc.) - I did stress that no matter what I notarized, it would only be notarizing his signature and had no authority to assist him in the legal aspect of property transfer.

Bizarre...not sure if I was being seriously tested or what...

Reply by MistarellaFL on 12/30/08 12:23pm
Msg #273101

Probably not being tested....notaries in Europe are generally attorneys, so he probably thought you could help him....the ability and responsibility of the notary is different out of the USA.

Reply by Linda_H/FL on 12/30/08 12:27pm
Msg #273102

then I'm curious why he didn't contact a notary in Germany and let that notary direct him there ...

You can see I'm always skeptical when I get calls like this...

Reply by Leon_CO on 12/30/08 12:31pm
Msg #273103

I received a similar request back in November, only it was an email from a man in Taiwan.

He needed to have his 'Rule of the Colorado State Board of Accountancy' notarized. He wanted to mail the documents to me to be notarized. I told him that if he is ever in Colorado I'll be glad to do it.

A lot of people don't realize that personal appearance before a notary is necessary. They think that all they have to do is forward the document, get it stamped, and 'voila' -- it's notarized.

Reply by sue_pa on 12/30/08 12:34pm
Msg #273104

...After explaining the presence requirement he says Okay, perhaps I can travel to US next summer and I will contact you to help me....hmmmm....

I told him if he's in the country, more specifically in FL, and had acceptable ID, I'd be happy to notarize his signature but beyond that I was not an attorney and could not help with the transfer of the property. I then made a couple suggestions/referrals on who to contact to effectuate the transfer (embassy, attorneys, etc., etc.) - I did stress that no matter what I notarized, it would only be notarizing his signature and had no authority to assist him in the legal aspect of property transfer....

I never get into that much conversation with these type calls. I say I can't help them and hang up.

Reply by Linda_H/FL on 12/30/08 1:05pm
Msg #273107

"I never get into that much conversation with these type calls. I say I can't help them and hang up. "

I don't treat callers like that unless they're abusive from the get-go...he was very nice so my "southern hospitality" kicked in...

Reply by John_NorCal on 12/30/08 1:21pm
Msg #273108

Agree with your handling Linda.......

I always give the other person a chance to prove they are a gentleman(woman) or an a$$, that dictates how I proceed from there.

Reply by sue_pa on 12/30/08 1:33pm
Msg #273111

Re: Agree with your handling Linda.......

When my first yellow page listing appeared years ago I was amazed at the amount of calls I received ... none of which produced any paying business. People would want me to issue their license plates ... I'd say I can't and give them a number of a business who can. They'd call back and say they're not open, do I know anyone else. People would call me back a day or two later and ask for the other number again. Do I know the address, can I give directions. You can't imagine how many wanted legal advice .. well can you tell me ... I'd say that I couldn't help them and they'd keep right on jabbering about mom's will or her deed, etc. I run a business and I don't tie up my business line with calls that will not produce me any revenue. Before I became "mean", I'd state I couldn't help them. They never heard me ... they'd keep right on talking. My favorite kinds of calls were ... I've called 5 other places and they can't help me. Here's what I need ... I am not tying up my work phone to listen to this ... no one is paying me to listen and I'm working. I am not "mean", I just say I can't help and I hang up. My problem has CONSIDERABLY lessened because I seldom answer local calls. I let it go to voice mail. And no I'm not losing 'potential' other business. I'm not in CA where they seem to get profitable 'regular' notary work. It just doesn't happen in my area when they can go to 10 notary 'stores' within 10 miles of my house and pay $5 ... few will pay me to travel to them.

Reply by LauriecPA on 12/30/08 3:35pm
Msg #273118

Re: Agree with your handling Linda.......

I enjoyed your post, Sue. I very seldom answer my phone if it's a call from my area code., for the same reasons you've mentioned above.

Lately, though, I have been getting local calls that come up from another area code, b/c people move and keep the same cell #.

Last Fri., I had one from a different area code, so I answered. The caller sounded professional, like she was looking for a mobile notary, asked whether I had availabilty at a certain time. I told her I did and asked where she wanted me to travel and what the job entailed.

She seemed confused b/c she was looking for an office to go to. I went through the usual routine, recommended the auto tag places, banks, or UPS store.

She said "But, they won't help me b/c I don't have any ID."

Just love those calls...

Reply by John_NorCal on 12/30/08 4:05pm
Msg #273123

I guess I have to consider myself lucky then......

the calls I get for regular notary work either they can meet me at my office, or if not I tell them I have a travelling fee and then recommend someplace local to them, like Kinkos. That invariably does the trick, they thank me and we all go on our merry way. I guess I would feel the same way if I got the type of calls that you and Sue do.

Reply by MikeC/NY on 12/30/08 8:12pm
Msg #273155

Re: I guess I have to consider myself lucky then......

"the calls I get for regular notary work either they can meet me at my office, or if not I tell them I have a travelling fee and then recommend someplace local to them, like Kinkos."

That's what I do also. The most we can charge here is $2 a signature, so when I get a call for general notary work the first thing I tell them is my travel fee. That stops most of them in their tracks, and then I recommend the local UPS Store or Kinko's. I have had a few call back and ask me to come out anyway, agreeing to the travel fee.

Went out on one last New Year's Day - the guy needed the document notarized immediately, because he had to turn it in the next morning. And his mom was a notary who knew she couldn't do it for him.... she just shook her head and said "I told him not to wait until the last minute."

Reply by Dawn/PA on 12/31/08 8:10am
Msg #273184

I had one of those last week......

Got a call that wasnt "local" but still in PA, turned out it was her cell phone from another area. She actually agreed to the travel fee while I was grocery shopping. Get in my car, she calls back, oh and my mom all ready signed the affidavit, is that a problem? I too rarely answer "local" calls unless I know the number, but on the other hand, I still have my Maryland cell phone number.

Reply by HudsonBayCA on 12/30/08 4:56pm
Msg #273129

I am reading your message as he stated he wanted a

notary public to notarize his documents not that he wanted advice on how to transfer property rights. I have notarized many documents from 50 foreign countries where the person(s) did not appear before me. With the use of a power of attorney and apostilles, this can be done. Having worked for a computer company, it was standard procedure. For those countries that did not have an agreement with the Hague Convention, the apostille had to be sent to the Secretary of the State of USA also and then returned to the document holder.

Reply by MikeC/NY on 12/30/08 8:19pm
Msg #273159

I'm confused here....

"I have notarized many documents from 50 foreign countries where the person(s) did not appear before me. With the use of a power of attorney and apostilles, this can be done"

I can see how the POA is essential, but what does the apostille have to do with it? If it's a foreign country, you'll probably need the apostille even if the person appeared before you. Or am I misunderstanding you?

Reply by Linda_H/FL on 12/30/08 8:42pm
Msg #273164

Re: I am reading your message as he stated he wanted a

"notary public to notarize his documents not that he wanted advice on how to transfer property rights. I have notarized many documents from 50 foreign countries where the person(s) did not appear before me. With the use of a power of attorney and apostilles, this can be done"

He wanted to send me the docs to be notarized via mail - no POA involved at all so personal appearance IS required - he also asked me to "assist him" in transferring the property in AZ to his company in NV...as I posted, I told him I could notarize his signature but I was not an attorney so I could not help him process the transfer of the property.

Hope that helps clear it up.

Reply by SharonMN on 12/30/08 5:52pm
Msg #273138

I think you did right, Linda. In many countries, a notary is a transactional lawyer and registrar. For example, when I dissolved a Luxembourg company in connection with my work as a paralegal, we had to use a Luxembourg notary, who appeared to be similar to a Secretary of State in that he controlled forming and dissolving corporate entities and had access to official records. So this gentleman may have been expecting something like that. If all he needed was his signature notarized, he could certainly go to a notary in Germany and do that, and then mail the document to whoever in the US needed it.

Reply by Todd/OH on 12/31/08 8:48am
Msg #273187

I also had a strange call about six weeks ago from "Paul" in Columbus, OH. He wanted me to notarize documents from "personal business matters" on a regular basis. He also asked if I would be comfortable notarizing a previously signed document. I told him "not in this lifetime". He sent me a 3-page contract that said nothing. I sent everything back with a "No thank you".

Reply by LKT/CA on 12/31/08 10:54am
Msg #273202

<<<I also had a strange call about six weeks ago from "Paul" in Columbus, OH. He wanted me to notarize documents from "personal business matters" on a regular basis. He also asked if I would be comfortable notarizing a previously signed document. I told him "not in this lifetime". He sent me a 3-page contract that said nothing. I sent everything back with a "No thank you".>>>

Not sure of the OH laws but in CA, a person can sign the acknowledgment ahead of time - not advisable - but sometimes they make the mistake and presign it. As long as they verbally state that it is their signature, it's okay. The jurat MUST be signed in the Notary's presence. If it's presigned, a line is drawn through that signature and it is signed again.

In your scenario, as long as "Paul" appeared before me with valid ID and the docs were complete with no blanks, I'd notarize his signature since we don't get involved in the document. I wouldn't sign any contract. Since he said he had signatures to be notarized regularly - if that meant every Thursday at 3pm, I'd accommodate that. Your scenario didn't seem strange to me unless there's more to the story than was shared.