Posted by Treva Waller on 12/16/09 11:05am
Msg #314586

Out of state notary

I am a new Va. notary. Am I allowed to notarize a document that will be filed in another state?

Reply by Jim/AL on 12/16/09 11:07am
Msg #314587

Yes, just follow your states notary laws. If it is a witness state the lender may require witnesses or something diff from VA.

Reply by Roger_OH on 12/16/09 11:07am
Msg #314588

Yes. Just ensure that the state/county venue is where your feet are when performing the notarization. Cross out, correct, and initial the venue in the notary block if necessary.

Reply by Notarysigner on 12/16/09 11:09am
Msg #314590

This will help it will be your best friend

http://www.commonwealth.virginia.gov/OfficialDocuments/Notary/2008NotaryHandBookrev0808.pdf

Reply by Treva Waller on 12/16/09 11:14am
Msg #314591

Thank you. I appreciate the help.

Reply by MW/VA on 12/16/09 3:24pm
Msg #314643

Also, as a Virginia notary, you can notarize a document any where in the world that pertains to Virginia. LOL

Reply by Roger_OH on 12/16/09 7:49pm
Msg #314685

Really? Curious as to how that works,...

So you could be in, say, Minnesota, and if someone asked you notarize the signature on a VA document, you could do it? You'd have to put the Minnesota/county venue in the notary block, so how can you stamp with your VA seal in Minnesota?

Could you then also notarize loan docs for a VA property if you are signing the borrowers in another state?

Just curious - have never heard of a notary being able to notarize in a location outside where they are commissioned.

Reply by MW/VA on 12/16/09 7:51pm
Msg #314686

I'd have to check the handbook on that. I think it is because Virginia has so many military & government people who are in many parts of the world, but need to conduct business for here at home.

Reply by CopperheadVA on 12/16/09 8:22pm
Msg #314687

Marilynn is correct - VA notaries are allowed to notarize outside of VA if the document is to be recorded within Virginia.

<< Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of Virginia. However, documents notarized out of the Commonwealth by Virginia notary publics must be recorded in Virginia. >>

<< Section 47.1-13.1 Jurisdiction; powers outside the Commonwealth for use in the Commonwealth
A. Notarial acts may be performed outside the Commonwealth for use in the Commonwealth with the same effect as if performed by a notary public of the Commonwealth by the following persons authorized pursuant to the laws and regulations of other governments in addition to any other person authorized by the laws and regulations of the Commonwealth.
1. A notary public authorized to perform notarial acts under the laws of that jurisdiction; >>

I have no idea how the venue would work, either, and I personally will not notarize outside of VA. As far as a loan package goes, I would think that only the DOT could be notarized outside of VA because all the other docs are not recorded and thus don't meet the criteria. I have never asked for clarification from the Secretary of the Commonwealth because they never give you a straight answer on anything.

Reply by Robert/FL on 12/17/09 8:31am
Msg #314715

This is similar to the office of Commissioner of Deeds which has been previously discussed. As far as my research can tell, although many states have laws allowing for appointment of CODs, the State of Florida is the only one that will actually appoint them.

A COD is appointed to act in a certain state/territory, and may only notarize within the boundaries of that state/territory, but can only notarize documents to be used or recorded in the state that appointed him/her. In 1998 the Florida laws were changed to limit the authority of Commissioners of Deeds to notarizing only documents related to *timeshares* in Florida. In addition, the Florida laws only allow the governor to appoint CODs for countries or territories -outside- the 50 states; however, there are several active CODs who have been appointed to act within certain U.S. states or for all of the United States (except Florida). Many of those CODs are also Florida notaries.

I am a Commissioner of Deeds for the State of Florida in the Bahamas, but for me it is really just an honorary title, because I doubt I will ever have the chance to be in the Bahamas notarizing Florida timeshare docs.