Notary public requirement.

Cyberc1978

DIS Veteran
Joined
Jul 19, 2016
I’m selling one of my contracts, it has already passed ROFR.

I’m international but not that it should matter in this case.

I received the closing documents today.

We are using Mason and besides the deed which of course requires a notary public, Mason also asks that the disbursement instructions and transferor certificate is notarized too.

Last year I also sold a contract and only the deed was required to get notarized.

Mason can’t provide a explanation as to why except that their “underwriter” is requiring it and they won’t disburse the funds without it unless I asks for a check.

Except that I really think this is ridiculous and not a legal requirement it is costing me an additional 2 x $100 as I need to pay for each signature plus get an apostille for each signature. A total of $300 just in signatures. I knew the cost for the deed on beforehand but this is totally new and I really think it stinks.

Do I have any legal ground to decline to provide the additional notary signatures?

I must admit that I’m thinking about not completing the sale with Mason as I don’t want to cover the extra expenses since it is not a legal requirement.

Any advices?
 

Cyberc1978

DIS Veteran
Joined
Jul 19, 2016
If you pull out of the sale, won't you still owe the commission?
without knowing all the details, I would say it’s a matter of interpretation. I willing to complete the sale but not with the additional papers presented. If the title company won’t complete the sale without additional documents being notarized then it’s them and not me that won’t complete the sale.

If it was free I had no problem getting the extra documents notarized but since it’s carrying a costs that wasn’t disclosed to me upfront I’m reluctant to continue.
 
  • Sandisw

    DVC Forums
    Moderator
    Joined
    Nov 15, 2008
    I know when I sold with Mason in the spring, there were several papers I needed to have notarized and to be honest, it was similar to the number I needed to do last year when transferring my SSR from DH and myself, to us and the kids, using First American.

    Being in NY, we don’t have to pay for notary services so it didn’t make a difference to me.

    I don’t know if it’s legal or not...but all my sales have required more than one document to be notarized.
     

    kanerf

    Mouseketeer
    Joined
    Oct 16, 2009
    I use my local UPS store for Notary. I don't recall the exact cost the last time I had a contract notarized, but it was no where near $350.
     

    we"reofftoneverland

    DIS Veteran
    Joined
    Aug 5, 2015
    We used Mason once and did not like them. We are not international but also found them different than our previous title co.

    In the us, ups is $8/signature. They are really ripping you off in Canada.
     

    Cyberc1978

    DIS Veteran
    Joined
    Jul 19, 2016
    Because they are an internationally seller, they need the document notarized but then authenticated by a U.S. Embassy to make the document legal to use internationally. That authentication / apostille costs $50 per signature and is why it is so much.

    Each signature is $50 for the notary and then an additional $50 for each apostille.

    it seems that the US embassy in my country have resumed their notary service but I don’t know if this also goes for me when I’m selling a property in the US.

    im gonna call them today.
    Regards.
     

    Cyberc1978

    DIS Veteran
    Joined
    Jul 19, 2016
    According to the website they are open for business so I might be able to avoid that many additional costs as it’s only $50 each for their services.

    I need to bring my own witnesses as the US embassy can’t help with that.

    what happens if I add the witness signatures AFTER getting the documents notarized?
     

    we"reofftoneverland

    DIS Veteran
    Joined
    Aug 5, 2015
    According to the website they are open for business so I might be able to avoid that many additional costs as it’s only $50 each for their services.

    I need to bring my own witnesses as the US embassy can’t help with that.

    what happens if I add the witness signatures AFTER getting the documents notarized?
    I think they won’t notorize it unless you have a witness there. But I’m not positive.
     

    CarolMN

    DVC Co-Moderator
    Moderator
    Joined
    Aug 18, 1999
    what happens if I add the witness signatures AFTER getting the documents notarized?
    A notary will not notarize a signature he/she did not witness. At least in the state of Minnesota, that is the law. Bring the witnesses with you.

    I used to be a notary, but did not renew my commission after I retired.
     

    Sandisw

    DVC Forums
    Moderator
    Joined
    Nov 15, 2008
    A notary will not notarize a signature he/she did not witness. At least in the state of Minnesota, that is the law. Bring the witnesses with you.

    I used to be a notary, but did not renew my commission after I retired.
    I am going to add that I am still a notary here in NY and if the documents asks for a witness on the page where a notary signs, as you say, they won’t without them there.
     

    BWoody

    Tusker Lager Lover
    Joined
    Jun 20, 2019
    I am going to add that I am still a notary here in NY and if the documents asks for a witness on the page where a notary signs, as you say, they won’t without them there.
    Looks like we are NY notary twins! Agreed that a notary is required to notarize in the presence of the signatory and watch them sign after administering an oath. Not that all notaries follow the rules but I wouldn't risk seeking out the notary without the witness especially if you don't personally know the notary. They should turn you away as they will need to see the witness sign if it is part of the document they are notarizing. Of course each state and country has some differences in their specific notary laws but I believe this aspect of it is universal.
     

    CarolMN

    DVC Co-Moderator
    Moderator
    Joined
    Aug 18, 1999
    Looks like we are NY notary twins! Agreed that a notary is required to notarize in the presence of the signatory and watch them sign after administering an oath. Not that all notaries follow the rules but I wouldn't risk seeking out the notary without the witness especially if you don't personally know the notary. They should turn you away as they will need to see the witness sign if it is part of the document they are notarizing. Of course each state and country has some differences in their specific notary laws but I believe this aspect of it is universal.
    Since he is planning to go to a U S embassy to have his documents notarized, I'm quite sure the notary there will follow the letter of the law, LOL!
     

    Cyberc1978

    DIS Veteran
    Joined
    Jul 19, 2016
    I think they won’t notorize it unless you have a witness there. But I’m not positive.
    A notary will not notarize a signature he/she did not witness. At least in the state of Minnesota, that is the law. Bring the witnesses with you.

    I used to be a notary, but did not renew my commission after I retired.
    I am going to add that I am still a notary here in NY and if the documents asks for a witness on the page where a notary signs, as you say, they won’t without them there.
    Looks like we are NY notary twins! Agreed that a notary is required to notarize in the presence of the signatory and watch them sign after administering an oath. Not that all notaries follow the rules but I wouldn't risk seeking out the notary without the witness especially if you don't personally know the notary. They should turn you away as they will need to see the witness sign if it is part of the document they are notarizing. Of course each state and country has some differences in their specific notary laws but I believe this aspect of it is universal.
    Since he is planning to go to a U S embassy to have his documents notarized, I'm quite sure the notary there will follow the letter of the law, LOL!
    Last
    Year year and the year before I sold a contract and another timeshare in Florida and I didn’t need to bring any witnesses.

    However I was on vacation each time in the US when I went to a notary in either a Bank or used the one at the convention center at beach club. None of the times did I need to bring any witnesses.

    How do you guys go about the witnesses situation? I mean asking friends or family to go with you to sign papers seems like an awful lot of inconvenience to the people you ask for help.
     

    lovethesun12

    DIS Veteran
    Joined
    Jul 5, 2017
    Last
    Year year and the year before I sold a contract and another timeshare in Florida and I didn’t need to bring any witnesses.

    However I was on vacation each time in the US when I went to a notary in either a Bank or used the one at the convention center at beach club. None of the times did I need to bring any witnesses.

    How do you guys go about the witnesses situation? I mean asking friends or family to go with you to sign papers seems like an awful lot of inconvenience to the people you ask for help.
    Can't they just use another person (unrelated) in the office?
     

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