Posted by Ocean Pacific Notary Services, Inc. on 9/13/08 3:39pm Msg #264184
NC notary question
If you are commissioned in one county and performing a notarization in another county - which county is used for venue? IT has always been my understanding the the county where notarization is taking place is the county of venue - NOT THE COUNTY of your commission. This is the procedure for WA and OR. So I need an experienced NC notary to set me straight please.
Thank you. gina
|
Reply by MW/VA on 9/13/08 3:43pm Msg #264186
I thought the venue issue was the same in every state--always the location of the notarization.
|
Reply by Dianne/NC on 9/13/08 3:45pm Msg #264187
Your thoughts are correct, Gina!
|
Reply by Ocean Pacific Notary Services, Inc. on 9/13/08 3:56pm Msg #264189
<<Your thoughts are correct, Gina!>>
Thank you Dianne - the notary told me she had been doing it the "other" way for years and that it was her county of commission that needs to be cited on all notarizations. She works for atty and this is way she has always done it. So - for a moment...and I mean only a moment I thought maybe she was correct. Now all I have to do is convince her.
Have a wonderful weekend of sunshine.
|
Reply by NCLisa on 9/13/08 6:25pm Msg #264202
I have worked at several attorney offices that required the notarys county of commission to be the venue. It is incorrect, the venue should be where the county the notarization takes place in, (or on some occasions, the county I think I'm in). Attorneys are not required to take the notary class in this state, and I've not met one that has read the book.
|
Reply by dickb/wi on 9/14/08 3:26pm Msg #264232
the reason she probably thought.....
that the venue was her county of registration is because probably all of her notorizations are done in the office of the atty she works for and which is located in her county of her commision......venue=where feet are planted at time of notorization......................
websters collegiate---venu=the place or county in which alleged events from which a legal action arises, takes place..........
|
Reply by Ocean Pacific Notary Services, Inc. on 9/13/08 3:59pm Msg #264190
<<I thought the venue issue was the same in every state--always the location of the notarization.>>
I do not know all the notary laws in each state, and in some states, you cannot notarize a document outside of your county of commission (like LA). But I think you are correct MW/VA. Thank you for the information reinforcement
|
Reply by MW/VA on 9/13/08 4:08pm Msg #264191
What a shame--basic Notary 101.
|
Reply by Sylvia_FL on 9/13/08 4:09pm Msg #264192
Gina Just one modification to your post. I believe that La's notaries jurisdiction is now state wide and not limited to their parishes.
|
Reply by Roger_OH on 9/13/08 5:38pm Msg #264200
The venue is always where your feet are at the time of notarization.
Louisiana's uniqueness notwithstanding, I'm not aware of any state where notaries do not have statewide jurisdiction. The correct venue is important, because if there is a a legal issue with a notarized document, the court in that county would have jurisdiction.
As to convincing your doubting (and very wrong) friend, show her the NC notary stautes. It's right there in black & white that you have statewide powers.
|
Reply by ReneeK_MI on 9/14/08 5:15am Msg #264212
Slight tweak to that, Roger - but BEST answer!
The venue comes into play if the notarization itself is challenged in a court of law. You probably meant exactly that, but the wording was maybe a little unclear.
|
Reply by PAW on 9/14/08 7:46am Msg #264216
Re: Slight tweak to that, Roger - but BEST answer!
Sorry, I didn't read your response, Renee, before I posted mine.
|
Reply by PAW on 9/14/08 7:45am Msg #264215
Slight correction to the above ...
>>> The correct venue is important, because if there is a a legal issue with a notarized document, the court in that county would have jurisdiction. <<<
The correct venue is important, because if there is a legal issue with the NOTARIZATION, the court in that county may have jurisdiction. The court with jurisdiction based on the contents of the document may or may not be the same as the venue of the notarization. For example, real property issues are often based on the location of the property, not where the document was notarized. Contract disputes may be based on the location of the principals to the contract, again, not the location where the notarization took place.
|
Reply by Maranga Ink Resources on 9/14/08 5:56pm Msg #264237
Just a note to the previous
As CNSA I was explained and practice the rule where your feet is, is your venue even for Real Estate matters. Sometimes I did received e-docs showing the property's County, the Bank, Lender or the paralegal's County already filled in the venue. So I had to cross that county name and write the County I am doing the Notarization. Of course, in Real Estate, if a legal matters arise, Bank or Lender's juridiction is the rule, borrower/owner should abide by the State and County Laws where the Bank or Lender Headquaters is located.
|
Reply by JanetLA on 9/13/08 5:20pm Msg #264197
You can notarize docs outside your county (parish) in LA
But some of us are not statewide notaries. The law has recently changed so that newly commissioned notaries are statewide. The rest of us have what are called reciprocal parishes. This means I am commissioned in East Baton Rouge Parish, but qualifed to act in eight parishes in the state.
|
Reply by Hugh Nations Signing Agents of Austin on 9/14/08 8:43am Msg #264218
Re: You can notarize docs outside your county (parish) in LA
We're going to change the name of our nation to the United States (plus Louisiana) of America.
|