Posted by seddy on 8/22/13 11:30am
Msg #481538

GA seller only signing and UPL question...

Hello everyone,

I've recently moved to GA and have been trying to gain a full understanding of my limitations with regard to loan signings here. I have read numerous discussions posted here and in other online forums but still haven't found the clarity I am seeking.

This morning I received an email asking me to do a seller only signing tomorrow on a cash purchase of a FL property. Do any of you have knowledge of the law surrounding this particular situation? I would greatly appreciate your help!

Thanks in advance,
Elaine

Reply by Linda_H/FL on 8/22/13 11:41am
Msg #481539

Florida, as you know, is not an attorney state...

and since that's where the property is I think you'll be okay (Don't forget 2 witnesses will be required). However, if in doubt, I'd suggest you contact the GA Bar Association - they are the ones who issued the opinion that non-attorney notaries conducting signings impacting GA real property was UPL. Ask what their opinion is on getting docs signed for the sale of out-of-state properties. At least then you have the info directly from the source.


JMO

Reply by seddy on 8/22/13 11:47am
Msg #481541

Thank you, Linda ...

I contacted both the GA Superior Clerk of Court (Notary division) and the GA Bar Association with no luck. The GA BA might have been helpful if there had been an attorney available, but no dice. Guess I can try them later. Meanwhile, the signing for tomorrow has been assigned to someone else. Maybe the next time I get a request I'll be know enough to respond more quickly.

Reply by Stephanie Santiago on 8/22/13 11:42am
Msg #481540

http://notariespublic.uslegal.com/state-laws-on-notaries-public/georgia/
There is much information on the link I have in this reply.

Reply by seddy on 8/22/13 11:49am
Msg #481542

Thank you, Stephanie, I'll check it out :-) n/m

Reply by ReneeK_MI on 8/22/13 12:08pm
Msg #481544

Pending lawsuits & other interesting items ...

Fairly current article (May '13) about this very topic:

http://www.dailyreportonline.com/PubArticleDRO.jsp?id=1202600300142&thepage=2

Towards the bottom of the first page it mentions the "execution" of Deeds being attorney-only, and a Seller's package would have a Deed in it ... so there's that. The article might be helpful to you, if you further investigate the specific laws it mentions.

Reply by seddy on 8/22/13 1:03pm
Msg #481550

Re: Pending lawsuits & other interesting items ...

Wow, Renee, thanks. There's a lot of information in that article and some good investigative leads for continuing my research. Sure do wish this weren't an AO state!

Reply by MW/VA on 8/22/13 4:44pm
Msg #481580

Unfortunately, you're in GA, where there was a co. that

set up for robo-signers. I'm sure that tightened up the GA laws significantly.

Reply by Sylvia_FL on 8/22/13 12:42pm
Msg #481548

Elaine,
This may be of help.

http://www.kobleur.net/

Reply by seddy on 8/22/13 1:12pm
Msg #481552

Hi Sylvia

I've actually read and reread that very page a few times and wish I had a lawyer to bounce my thoughts and questions off of about it. Really though, it seems to me that at the very least, it is risky business to conduct any portion of any signings in the state of GA in which real property is involved. I'm going to continue my research, but I suspect I won't find much in the way of good news. *Sigh*

Thank you so much for your help!

Reply by Darlin_AL on 8/24/13 8:21pm
Msg #481777

excellent link to an article which references "jurisdiction". to me that's the key consideration. Each state has its rules for its jurisdiction (big legal schmegal concept). Therefore, where I am planted and notarizing--I follow the laws & directives of that jurisdiction (state).