Cana deed benotarized without theseller's presense - Posted by tarun_md

Real Estate Investing
#1

Posted by Rob FL on January 12, 2001 at 18:39:58:

I can’t answer for North Dakota law. Most likely though if it is legal in your state, it wouldn’t be under notary law anyway. You can notarize anybody’s signature. All a notary does is acknowledge that the person who came before them and signed a document was the person they claimed to be.

Check your recording statutes not your notary statutes. The Florida Statute is 695.03. It clearly allows a witness to appear before a notary on recorded documents.

#2

Cana deed benotarized without theseller’s presense - Posted by tarun_md

Posted by tarun_md on January 10, 2001 at 20:10:30:

I am meeting with a seller who might deed me his house. The appointment is on saturday. I will make him sign the warranty deed to trustee. Since its a saturday, I might not be able find a notary.
Once the seller signs the deed, can I go to a notary without his presense and get the deed notarized.
Also, will I be able to get the trust agreement and the assigmnent of ben interest agreement notarized without his presense as long as his signatures apprear on them?
Thanks
Tarun

#3

Re: I did it today - Posted by cc

Posted by cc on January 11, 2001 at 21:20:41:

Got deed prepaired by attorny, had signed in front of 2 witnesses, one witness will sighn in front of notery. I will take back to the attorny tomorrow to be recorded. If money was passing I have let the attorny hod the money untill the new deed was recorded. I am in SC.

#4

Don’t guess, know your state law - Posted by Bronchick

Posted by Bronchick on January 11, 2001 at 17:47:29:

You state law will govern the topic, but generally a notary cannot acknowledge a deed not signed in his presence UNLESS he is familiar with the signor’s signature.

#5

Actually… - Posted by Rob FL

Posted by Rob FL on January 11, 2001 at 07:57:25:

…in spite of what some of the others have said, most states have laws that allow you to get around this anyway.

Most states, I know for a fact that Florida allows this, allow a witness to the signature to come before the notary. The notary then notarizes the witnesses signature (not the sellers). The witness signs the deed a second time swearing that the person who signed the deed is the seller.

Although it is not that common, it is legal in most states.

#6

glad this came up again/PLEASE someone clarify! - Posted by AnnNC

Posted by AnnNC on January 10, 2001 at 23:44:48:

The notary’s signature line says "appeared before me"
Appeared before me. Not, brought a paper to me.
They ask for ID.
Witness means they witness the signture as it is signed,
not witness THAT is was signed at some other time.

One scam that used to go around was a man inspecting a house with a woman, who was not his wife, but assumed to be his wife, because they were looking at houses together, or selling one. This man had a wife, just not her. Then the fake wife would sign off on documents.
Notaries need to verify ID.
A notary is not a secretary. They have responsibility,
insurance, libilities, a national organization.

One area of confusion is that so many times, on this board, people refer to acting fast, and signing “at the kitchen table”. Sign what?

The references to meeting people at a property at 9PM, etc, and doing the deal, WHAT am I missing?

It really is pretty confusing. You don’t have a notary following you around to make offers, but for the actual deed, that is a done deal.

PLEASE somebody take it from here and clarify this, and walk us through this!
I have this question too!
Ann

#7

NO and No, but try this… - Posted by Jim IL

Posted by Jim IL on January 10, 2001 at 23:17:55:

Tarun,
No, the whole idea behind a notary is that a licensed witness has stamped on the document that they can verfiy the signatures.
If you cannot find a notary to go with you, schedule your meeting during day hours, even on the weekend, and goto a bank.
Most of them have notaries on staff, and also those mail box places have them.
You may find one at the library, the police station, the city hall, or a law office.
Most will be free, but if you do pay, it will be small, like $10.
Well worth it, because all docs to be recorded need to be notarized.

Good luck,
Jim IL

#8

Re: C - Now less than 50************** - Posted by Ed Copp (OH)

Posted by Ed Copp (OH) on January 10, 2001 at 20:23:57:

No and no. Next two questions please.

#9

Re: Actually… - Posted by Bert g

Posted by Bert g on January 12, 2001 at 11:50:11:

I’m a notary in ND, and just now re-skimmed the rule book. Nothing like that here. Of course there’s a lot of things we don’t have here – like Starbucks.

BG

#10

Re: glad this came up again - Posted by Kate (VA)

Posted by Kate (VA) on January 11, 2001 at 07:53:20:

I believe they are referring to getting the contract signed when they talk about kitchen table deals, not actually getting the deed then.

Kate