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Re: Real property laws are governed by the state where
Posted by Bear900/CA of CA on 2/7/22 12:33pm Msg #638174
You nailed it, Linda. Notary law held by the state doesn't correlate with laws regarding property rights such as community property or types of foreclosure, such as judicial foreclosure vs non-judicial foreclosure. There are venues in each instance, one not necessarily affecting the other. I.E., a RON signing for a CA property with a Vermont venue for the notary act is not going to affect the type of foreclosure the CA property my go through with a civil venue in CA.

Still, it's worthwhile thinking about a nationwide law regarding RON. For example, how does that affect State's rights under the Tenth Amendment (think gun control), and there's an argument somewhere there that may explode (forgive the pun). Yet, you have the need to practice interstate commerce to exercise RON. That puts a federal law ahead of a state law and the Tenth Amendment, maybe? I'm just using my limited common sense here.

It may explain (to me anyway) why RON laws put before different Congress sessions and the senate have stalled up till now. I believe the current bill is H.R.3962 - Securing and Enabling Commerce Using Remote and Electronic Notarization Act of 2021. There have been others like H.R. 1458 that went before the 109th Congress, easily passed, sent to the senate and never heard from again.

To me, the venue for the notary act may be important for recording purposes and also to verify the legal location of the notary used. If there is notary fraud, I suppose civil action would take place at the venue of signing regardless of property location. JMO
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Messages in this Thread
 Sunday musings...why is venue important? - Lee/AR on 2/6/22 2:38pm
 Can't give law/quotes...just my best opinion - Linda_H/FL on 2/6/22 3:34pm
 Agree... so how would foreclosure (for example) happen - Lee/AR on 2/6/22 3:42pm
 Re: Agree... so how would foreclosure (for example) happen - VT_Syrup on 2/6/22 4:19pm
 Real property laws are governed by the state where - Linda_H/FL on 2/6/22 4:26pm
 Re: Real property laws are governed by the state where - Bear900/CA on 2/7/22 12:33pm
 Re: Sunday musings...why is venue important? - VT_Syrup on 2/6/22 4:01pm
 Re: Sunday musings...why is venue important? - VT_Syrup on 2/6/22 4:05pm
 Re: Sunday musings...why is venue important? - MikeC/TX on 2/6/22 6:31pm
 Sounds reasonable...except when it's wrong - Lee/AR on 2/6/22 7:15pm
 Hey Attorney...why is venue important? - Signerbill on 2/7/22 12:07pm
 VENUE is only important if it's wrong, or does not appear -  Cheryl Elliott on 2/7/22 6:15pm
 Re: VENUE is only important if it - MikeC/TX on 2/7/22 7:09pm
 It read like NNA, but... - NVLSlady/VA on 2/7/22 7:26pm
 You may be thinking of the CA Ack wording... - Bear900/CA on 2/7/22 7:45pm
 Re: It read like NNA, but... -  JanetK_CA on 2/7/22 7:50pm
 Re: It read like NNA, but... - NVLSlady/VA on 2/8/22 9:09am
 Re: thank you, Mike, for doing that n/m -  Cheryl Elliott on 2/7/22 9:46pm
 Re: PAW always said “venue is where your feet were planted - Carolyn Bodley on 2/7/22 6:18pm
 Re: PAW always said “venue is where your feet were planted -  Expeditor on 2/8/22 12:15pm
 Re: Sunday musings...why is venue important? -  JanetK_CA on 2/7/22 8:40pm
 Notary venue only important to notarization block n/m - BobbiCT on 2/8/22 9:07am
 Oops. Notary venue only important to notarization block - BobbiCT on 2/8/22 9:41am
 THANK YOU, BobbiCT, for your excellent explanation! n/m - Lee/AR on 2/8/22 11:25am
 Re: THANK YOU, BobbiCT, for your excellent explanation! -  Cheryl Elliott on 2/8/22 12:07pm
 Re: Sunday musings...why is venue important? -  Expeditor on 2/8/22 12:02pm



 
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