Posted by hodgy on 3/13/13 9:45am
Msg #460919

Puzzling call...

Yesterday I received a call from a highly rated SC on this site. I think I have only worked for them once or twice in the past. I won't reveal the name but I was a little stunned at the request.

Can you do a refinance signing in MA on Thursday at 7pm. I said I am a NH notary and cannot notarize in MA. Yes I realize that but his office is in MA and that's where he wants to do it but the property is in NH. I said I cannot notarize in MA regardless of where the property is. He says "I know it's a little tricky...". Tricky? It's not legal so I cannot do it I am sorry plus MA is an attorney state. A long pause... like he expected me to succumb and say "sure I will do it". That was uncomfortable that he was willing to put me into a situation like that.

Hopefully there is not another NH signing agent that is willing to do it.

Reply by Linda_H/FL on 3/13/13 10:09am
Msg #460922

Sure - I can do it ... my fee will be $xxxx

and when can I expect the borrowers at my office?

Duh?

Reply by ToniK on 3/13/13 10:15am
Msg #460925

In Va we can notarize docs outside our state as long as it recorded in our state. Maybe he thought all states had that power...I wish companies would call me like that....lol

Reply by CarolF/NC on 3/13/13 10:32am
Msg #460929

That's a nice tidbit of info Toni-wish NC could not in SC

I have so many borrowers who work just across the state line, but the property is in NC. What a handy little law that is.

Reply by NJDiva on 3/13/13 10:38am
Msg #460931

Toni, what does

" as long as it recorded in our state" mean?

Reply by NVLSlady/VA on 3/13/13 10:42am
Msg #460932

Actually, VA notary law allows addtl Jurisdiction

"Virginia notaries have limited powers in performing notarial acts outside the Commonwealth of
Virginia. Documents notarized by a Virginia notary who is traveling outside of the
Commonwealth by Virginia no longer need to be for the narrow purpose of being recorded or
filed in Virginia. A traditional notary public may perform any notarial act outside the
Commonwealth for any writing intended to be used in the Commonwealth of Virginia or by the
United States government."[Handbook, p6)

Toni, this may be good post in the new VNN (Virginia Notary Network) forum

Reply by NJDiva on 3/13/13 10:45am
Msg #460934

What does "limited" mean? n/m

Reply by MW/VA on 3/13/13 10:51am
Msg #460936

As I understand it, this provision is in there to

accommodate military & government situations.

Reply by NJDiva on 3/13/13 11:19am
Msg #460948

Oooooh, so your understanding Marilyn is that

it's limited in that it must be military and or government related. Not necessarily to include mortgages for any and every state for those not associated with those entities?

Not asking for you to speak as an attorney, only from your opinion, understanding and point of view ONLY.

Reply by ToniK on 3/13/13 11:28am
Msg #460950

Re: Oooooh, so your understanding Marilyn is that

They dont actually specify what "limited" encompasses. That would be something VA SOS needs to clarify.

My assumption, and it can be wrong, is the way West Va does theirs. They have a West Va commissioner (basically a west va commission for businesses that are not West Va residents) but can notarize documents outside of West Va that will be recorded within West va. From what West Va SOS told me was (and they were slightly clueless due to not many, I may have been the first person asking them) it can be used for depositions, court docs or real estate docs in other states but will be recorded within West Va.

Reply by NVLSlady/VA on 3/13/13 11:35am
Msg #460952

Re: Oooooh, so your understanding Marilyn is that

A traditional notary public may perform ANY NOTARIAL ACT OUTSIDE THE COMMONWEALTH FOR ANY WRITING INTENDED TO BE USED IN THE COMMONWEALTH OF VA OR BY THE US GOVT

In my not so legal understanding, "limited" means anything outside of docs used in VA or Govt.
I understood Marilyn's post to mainly be ONE example of why/when such authority would be needed

Reply by NVLSlady/VA on 3/13/13 11:43am
Msg #460956

Didn't word quite right

Can't do if docs NOT "to be used in VA or by Govt" -so that's what make the powers "limited" -just like the powers of what we can Certify are limited

Reply by NJDiva on 3/13/13 11:38am
Msg #460953

Well Toni before you start assuming you may want to be very

clear on those laws.

It is my understanding that in the State of NJ, you must be a NJ resident/or work here to become a NJ Notary or to perform notarization's in the state of NJ.

I haven't read my handbook in a while, but I'm pretty confident it's true. I'm not sure that one state's laws override another's. I could be mistaken and will stand corrected, but I would certainly want proof of that. I would want to hear it and see it in writing from an attorney and the SOS. "I was told so and so -and I didn't realize" doesn't stand up in court.

Reply by ToniK on 3/13/13 11:48am
Msg #460959

Re: Well Toni before you start assuming you may want to be very

I just checked out the manual of your state...to become a NJ notary yes But Va notaries arent coming into NJ to do ANY type of signings, it would only be for items meant for the Commonwealth of Va.

However, Im not concerned with NJ laws because Im too far to even consider crossing the state line. Thats almost 2 states to cross to get up there....its a 4-5 hours drive. Im pretty sure not one company would pay for that trip. lol So you have no worries from VA notaries...

Reply by NJDiva on 3/13/13 11:50am
Msg #460961

lol...right Toni? They barely want to pay for 20 miles away n/m

Reply by Notarysigner on 3/13/13 10:53am
Msg #460937

WOW I really like the SOS website sorry for the hijack

Allows for searching all States Corporation and Business Entity Search

http://www.secstates.com/VA_Virginia_Secretary_of_State_Corporation_Search/

Reply by hodgy on 3/13/13 10:47am
Msg #460935

That is very interesting ToniK. So you could bring your stamp to NH and do a refinance for a VA property and in the acknowledgement where it says State and County you would input New Hampshire and the NH County but stamp it with your Virginia Notary stamp?

Reply by CopperheadVA on 3/13/13 11:16am
Msg #460947

Yes that is correct - a notary friend contacted the VA SOC

a while back and asked this question and that is how he was told to do it.

Reply by VT_Syrup on 3/13/13 2:09pm
Msg #460991

We have a similar authority in Vermont, but it only applies to deeds and other conveyances and POAs for conveyance of lands. So all the other jurats that are in a typical loan package would be a no-go. Also, if Massachusetts considers it UPL for a notary to be at a signing without an attorney, it would be just as bad for a VT notary to do it as a MA notary.