Posted by Robert/FL on 7/10/09 11:44pm
Msg #295417

Any Commissioners of Deeds out there?

Is there anyone here who doubles as a Commissioner of Deeds in their state?

Reply by Jim/AL on 7/11/09 7:38am
Msg #295452

Not being smart but what is a "Commissioners of Deeds"? n/m

Reply by PAW on 7/11/09 7:54am
Msg #295454

Now that you have brought this up, I don't understand how you can be a Florida Commissioner of Deeds, within the state of Florida. Florida Statutes §721.96 states: "The purpose of this part is to provide for the appointment of commissioners of deeds to take acknowledgments, proofs of execution, and oaths --outside the United States-- in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other agreement, instrument or writing concerning, relating to, or to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state."

The restriction is further stated in F.S. 721.97. which states in part: "Commissioners of deeds shall have authority to take acknowledgments, proofs of execution, and oaths in connection with the execution of any deed, mortgage, deed of trust, contract, power of attorney, or any other writing to be used or recorded in connection with a timeshare estate, personal property timeshare interest, timeshare license, any property subject to a timeshare plan, or the operation of a timeshare plan located within this state; provided such instrument or writing is --executed outside the United States--."

FL HB 957 actually abolished the office "Commissioner of Deeds" as specified in Chapter 118 of the Florida Statutes due primarily to fraudulent use of the powers of the office. The office of "Timeshare Commissioner of Deeds" was established (Chapter 721 of the Florida Statutes) with very limited powers and strict compliance of the purpose was spelled out in the statutes. (I don't think HB 957 actually made it through the House, but many of the precepts were adopted in the following year, including removing the CoD office from the International Notaries statutes.)

Granted, other states may allow a Commissioner of Deeds to operate within the states in which their commission is for, but they each probably have their own restrictions. Florida, and probably others, restrict the acts of a CoD to outside the territorial boundaries of either the state, or the country (as is the case with the Florida CoD).

Therefore, am I to assume that you maintain a residence outside the US as well as within the state? I don't know if the AG advisory, which was issued prior to HB 957, still holds true or not. That advisory offered a legal opinion that the Commissioner of Deeds (which was still part of Chapter 118) must maintain residence in the country in which their commission was issued.

Just curious.

Reply by Riley/FL on 7/11/09 9:50am
Msg #295467

Timeshares in the Bahamas, maybe?

Reply by MistarellaFL on 7/11/09 10:03am
Msg #295469

From Wilkipedia

In Florida
In the state of Florida, Commissioners of Deeds are officers appointed by the Governor to take acknowledgments and administer oaths on documents executed outside the United States to be used in connection with a timeshare property located in Florida.[3] Commissioners are appointed to serve in a particular country and may only act in the country to which they are appointed, but they are not required to actually reside in that country.[4]

Prior to May of 1997, a Commissioner of Deeds in the state of Florida could authenticate any document to be used in Florida. The commissioner was appointed to one particular country, and was required to actually live in that country. However, the Governor at that time requested that the office be abolished, because he claimed that the office had "been used to facilitate fraudulent acts on some occasions."[5] The office in its then-current form was abolished and replaced by the new form of "Timeshare Commissioner of Deeds" on April 30, 1998.

http://en.wikipedia.org/wiki/Commissioner_of_deeds

Reply by Robert/FL on 7/11/09 10:20am
Msg #295472

Commissioners of Deeds are appointed to a certain country. In my case, I am appointed to act in the Bahamas. However, it's not required that I reside in that country. The AG opinion refers to the previous office of "Commissioner of Deeds" under F.S. 118, which was abolished. The "Commissioner of Deeds" under F.S. 721.97 is a different office.

Reply by Robert/FL on 7/11/09 10:22am
Msg #295473

But forgot to mention, there are other states who appoint regular CODs who can authenticate any document in the foreign state. For example, if the Governor of Kentucky appoints a COD to Florida, that COD can authenticate documents in Florida that are to be used in Kentucky.

Reply by Becca_FL on 7/11/09 10:24am
Msg #295474

Who really cares????? n/m

Reply by Robert/FL on 7/11/09 10:25am
Msg #295476

Re: Who really cares?????

Who really cares about every other post of "(COMPANY NAME HERE) never paid me!". Because I sure don't give a crap whether they pay you or not.

Reply by notaryinmo on 7/11/09 10:40am
Msg #295481

Re: Who really cares?????

Why so nasty, Robert? CoD really has no bearing on most of the professional notaries on this board. It seems like you sometimes are just looking for ways to create or cause an argument.

Reply by Riley/FL on 7/11/09 10:45am
Msg #295484

Re: Who really cares?????

I care who pays and who doesn't. I think this board is some kind of entertainment for Robert.
Look at me, I'm important.

Reply by MW/VA on 7/11/09 10:54am
Msg #295487

Re: Who really cares?????

A troll is a troll. We now have a Commissioner of Deeds Troll who has decided he doesn't like the agenda on this forum. If he'd look at the tabs at the top, it is "Discuss Work". Many of us are NSA's and he apparently has disdain for the profession. This is what is mainly discussed here--so get over it.
If you want purely notary info. there are places like American Society of Notaries. Forgive us if we are not terribly impressed with the credentials you possess.

Reply by Becca_FL on 7/11/09 10:56am
Msg #295488

Amen Riley and MW! n/m

Reply by Sylvia_FL on 7/11/09 11:25am
Msg #295495

Re: Who really cares?????

Ok - give Robert a break - he is only 19, and as Judge Judy would say he is not fully cooked yet
His profile sure says he has a lot of experience though - Hmm Commissioner of Deeds for the State of Florida though???? Will have to call the State on that one.

Reply by MW/VA on 7/11/09 12:07pm
Msg #295506

Re: Who really cares?????

I think Paul already called him out on that one.

Reply by Robert/FL on 7/11/09 4:22pm
Msg #295537

Re: Who really cares?????

Go ahead and call them. My commission expires April 28, 2013.

Reply by Linda_H/FL on 7/11/09 5:18pm
Msg #295550

Re: Who really cares?????...umm...Robert?

Better check the SOS office - your commission expires 4/18/2012..

Reply by Linda_H/FL on 7/11/09 5:22pm
Msg #295551

Just realized...you probably meant your CoD

commission - at least I hope that's what you meant.

Reply by Robert/FL on 7/11/09 7:24pm
Msg #295560

Re: Who really cares?????...umm...Robert?

My notary commission expires April 20, 2012.
My COD commission expires April 28, 2013.

Reply by Becca_FL on 7/11/09 9:33pm
Msg #295567

Again... Who really cares????? n/m

Reply by Robert/FL on 7/11/09 4:37pm
Msg #295538

Re: Who really cares?????

I don't have disdain for the NSA profession. What bothers me is the fact that this is a NOTARY board, and not a SIGNING AGENT board, and yet every notary-related thread I post is viciously attacked by signing agents who think that the only posts that should be allowed on this board are those bashing title companies or telling stories of their latest signing agent experience.

Again, this is a board for PROFESSIONAL NOTARIES, and not PROFESSIONAL SIGNING AGENTS.

Reply by MistarellaFL on 7/11/09 4:52pm
Msg #295545

Signing agents ARE notarie

And why won't you respond to the valid questions PAW has asked?

Reply by Robert/FL on 7/11/09 5:04pm
Msg #295547

Re: Signing agents ARE notarie

Signing agents are notaries. Not all notaries are signing agents. Signing agent is a profession, Notary Public is a public office. They are two distinct and separate things. Personally, I think that the signing agents should find their own message board.

And to answer PAW's question, there was no cost for the commission, and no, I have not yet done a timeshare acknowledgment.

Reply by BrendaTx on 7/11/09 5:13pm
Msg #295549

Here, in your own words, is the answer.

*Signing agent is a profession, Notary Public is a public office.*

Notary Rotary is "The Premier Web Site for Professional Notaries".

Look up the word, "Professional."

Try this on for size: engaged in a profession or engaging in as a profession or means of livelihood.

Make sense now?

People who read this board are not just holding a commission. They are working as notaries professionals and interested in ways to make their living, not looking for lessons on parsing through the words of Florida law as it pertains to one person.

Let me try this a different way. If you want to dance the polka you go to a dance hall where there is POLKA music. You cannot go in to a rhythm and blues bar and demand that everyone adjust to your preference to "Oom pah pah" just because you want it that way.

Reply by MikeC/NY on 7/11/09 5:50pm
Msg #295556

Re: Signing agents ARE notarie

"Personally, I think that the signing agents should find their own message board."

They did. You're on it. Deal with it, or go away.

Do you enjoy tilting at windmills? You are not going to change the focus of this site. MOST of the participants here are notaries involved in loan signings. General notary questions come up from time to time, but the bulk of the traffic is about loan signings - that's the reality, and you throwing a hissy fit is not going to change it.

You can still learn a lot here, unless you're one of those who thinks they already know it all. There are quite a few people here from your state that have tons more experience than you do; don't antagonize them, and you might actually learn something (and based on the way you've been called out on several misstatements, you should probably pay attention).

And, since you opened the door... I personally think that Commissioners of Deeds (a concept almost as archaic as the notary protest) should find their own message board...

Reply by BrendaTx on 7/11/09 5:54pm
Msg #295557

Eloquently and succinctly said, MikeC/NY. n/m

Reply by PAW on 7/11/09 8:41pm
Msg #295562

Re: Signing agents ARE notarie

You want a "notary only" message board, go to http://www.notaryboard.com and see what you find.

Reply by Becca_FL on 7/11/09 9:38pm
Msg #295568

BS, Robert! I do weddings, closings and general not work

as do many here. You are just a noob pest or a troll as some have said and I agree that you leave...go away you boi toy preacher boi.

Reply by PAW on 7/11/09 12:27pm
Msg #295510

What other states can/cannot do is immaterial to FL notaries n/m

Reply by PAW on 7/11/09 12:35pm
Msg #295513

Out of curiosity, since you would have to be in the Bahamas to perform your CoD duties, have you even done a Timeshare acknowledgment? Was it worth the cost to get the commission?

Reply by sue_pa on 7/11/09 4:15pm
Msg #295534

PA used to have them but I BELIEVE ... I'm not looking it up ... that they were done away with maybe 6ish years ago with our notary law changes ... I think the ones that were commissioned were allowed to continue until their expiration.

I only ever saw one document acknowledged by a Comm. of Deeds ... it was a POA for a guy in the state penetentiary. His wife was refiing the house and was signing for him. She had a "great" job and at least on paper she made a lot of money. She had a web site that people paid to join ... something about prison pen pals ... I always wanted to peak at it but was afraid that they'd somehow know I looked and inmates galore would e-mail me.

Reply by BrendaTx on 7/11/09 4:21pm
Msg #295536

Wise move, sue_pa.

*I always wanted to peak at it but was afraid that they'd somehow know I looked and inmates galore would e-mail me. *

"They" are always watching you surf the interwebs. Always.

Reply by Susan Fischer on 7/11/09 9:02pm
Msg #295564

And there are many more than one "They". Many. Always. n/m