IB,
Surely it is wise to check with an attorney to verify.
I will tell you, my last subject to deal was with an out of state owner.
They signed, notarized and had witnessed all the docs in the state where they lived.
The property was here.
We did the whole deal, with a neighbor getting me keys, the sellers and I talking on the phone and in e-mail, and closed via fed-ex.
Works like a charm.
A notary stamp, is a notary stamp.
How do FL Investors ‘get the deed’? - Posted by IB (NJ)
Posted by IB (NJ) on October 23, 2003 at 13:12:04:
Here in Northern NJ (South Jersey is dfifferent) where the use of attorneys in a real estate deal is standard, the signing of a deed must either be notarized or witnessed by an attorney. But in a state like FL, where there the use of an attorney is NOT standard, can you just walk up to a homeowner’s door and have them sign a deed without the need for a notary or lawyer?
Re: How do FL Investors ‘get the deed’? - Posted by RichV(FL)
Posted by RichV(FL) on October 23, 2003 at 20:12:59:
IB,
My fellow Floridains have of course given you great advice.
Now, since you are going to become a Florida RE investor. A few business trips in the winter may be in order. Hey…you have to check on your investment! lol.
IB,
Sure, technically, yes, you can just go to a sellers house and have them deed a house to you here in Florida.
However, you need at the very least, a notary to witness all signatures on docs to be recorded, as well as two additional witnesses.
This is for things needing recording or that convey interest, such as beneficial interest assignments etc.
Of course, a title search at the very least is prudent, but that could I suppose be done after you get the docs signed, if the contract allows.
The only issue I have with that is the deed, once delivered, has conveyed title, whether recorded or not.
Better to “Hold in escrow” instead…even if that is someones briefcase or file cabinet.
Posted by Hank FL on October 23, 2003 at 13:40:15:
The last deed I recieved was notarized in a funeral home. The deed can’t be recorded here if it is not notarized.
I have to imagine that some types of CREI-type deals are harder in NJ/NJ and wherever else an attorney is needed to merely pass wind, but for a simple notarization, would an attorney in Jersey have to pass legal opinion on a RE deal when he/she is only acting in the capacity of a notary ?
Hmmm… and why would this lawyer/notary even know about the status of the loan ? Hey… the attorney would only see that it’s going into a trust, he/she would not see the beneficial interest.
Of couirse if the lawyer is working for the seller and has not much experience with this kind of stuff then that/s a different story.
D.O.S. = D.O.A. ?
I saw that here a few days ago and thought it was funny.
Re: How do FL Investors ‘get the deed’? - Posted by IB (NJ)
Posted by IB (NJ) on October 23, 2003 at 19:44:47:
Thanks Rob. I’m going to keep that in mind for future deals. However, in this case, the property is in FL and the owners are in Brooklyn. I’m going to check with a NY atty. to see if I can still have them deed me the property in the presence of a notary in NY. I’m sure they should be able to.
Re: How do FL Investors ‘get the deed’? - Posted by IB (NJ)
Posted by IB (NJ) on October 23, 2003 at 19:42:29:
Yeah that helps. Thanks Jim. I was thinking about moving on a piece of land that’s headed to tax deed sale. The owners live up here in Brooklyn. The sale is tuesday and I can’t come up with a way to save it. Then again, I just finished reading a post by JT-IN where he suggest a debtor create a corp. and file BK on the corp to stop a judicial foreclosure. However, I don’t know what affect this will have on a tax foreclosure/deed sale.
So are there ANY states where Joe Kaiser’s ‘get the deed’ strategy would work without getting at least a notary?
Shouldn’t be a problem. From what I understand the state laws concerning real estate apply depending on which state the property is in, not which state the owner is in. I’ve done plenty of mailaway closings with people in New York, California, Virginia, Puerto Rico, etc. Very simple to do.