Obviously I haven't posted in a l-o-n-g time. My world is real estate documents and contracts. To simplify, some history after the days of swapping dirt before witnesses. Simple examples only; there are many variables:
The notarization venue is important to contest the notarization and to find the notary. Old days the "venue" to go to Court was where the document was signed. A document that REQUIRED notarization by law to be valid could be "killed" by a bad notarization. Invalidate the document because it wasn't notarized. DOA. Simple, quick decision for a Judge, black-and-white state law; great for the party that wanted the deal killed. Lowest cost way to go to Court; no months of back-and-forth Court filings among attorneys over interpretation of text, searching for case law and precedent.
Crawl forward: the notarization venue is important to the notary and auditors to make sure it's "there" when required and correct. Laws change: CT for example, passed a permanent validating act. In non legalese, 99% of mess ups in the CT notarization block, including the notary forgetting to sign it or not include commission expiration date: after X years from signing, recording on Land Records, without the document being contested, BINGO notarization block is now as good as if it was completed perfectly. "Technical" errors are validated; fraud is not.
Same crawl forward to when a large number of documents are for a company doing business in one state being signed in another state: document drafters wised up to "which state law do we want to apply if there's a problem"? There's a sentence in every "contract" (mortgage deed is a contract) which state's law will apply to the contract/deal. Attorneys on both sides of the deal would negotiate which state law would apply if there's an "issue." Notary venue no longer as important; used to be "where document signed" was the applicable law and venue for Court issues.
My opinion: Notarization aka "proof of signer identity" is still important, but NOT the venue of the notarization because documents state which state's law will apply. RON emerged when it was realized the Notarization VENUE, face-to-face location, was no longer important to the document.
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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 |