Notary Question - Posted by Jen NE


Posted by Rob FL on January 19, 1999 at 11:37:25:

I have heard this done but never done it myself.

A witness to the signature of the seller can go before a notary and state that they saw and witnessed the seller sign the document. There is a special type of notary acknowledgement for this.

Also if the buyer is a corporation and not you personally, you might be able to be the notary for the seller.

Probably should doublecheck this with your title company to make sure they are comfortable with it first.


Notary Question - Posted by Jen NE

Posted by Jen NE on January 18, 1999 at 12:43:12:

Am I correct in stating that most states require you to have your documents notarized before you can record them?

Doesn’t this also include memorandums?

How do you get documents notarized? What I mean is do you take a notary with you each time you meet with a seller in case you consumate the deal? I was looking into me or my husband becoming a notary but our state law states - “You may not notarize your signature, your spouse’s signature, and you should not notarize any document which you would benefit from --must be a disinterested witness”

How do you guys handle this? Thanks for all your help.


Re: Notary Question - Posted by Jason-DTX

Posted by Jason-DTX on January 19, 1999 at 24:39:34:

If you have sellers that are going to give you a deed the first day you meet with them then you need to take them to a notary ASAP. Banks and insurance companies are good places to go. Banks in grocery stores and check cashing places usually stay open later in the evenings.
Usually though, you will meet with the seller and look at the house on the first visit. You also can get a copy (or the origianls) of their deed and other closing papers so that you can take them with you and prepare the paperwork. Then when you go back to get everything signed you can take a notary with you, or meet them somewhere with a notary.
I called some notaries in the phone book and found one that will meet me at the sellers house for an extra $10 in gas money. She comes in very handy.
Also you should make all of your friends notaries. You can offer to pay their bond and state fees for free notary services. As long as they don’t have an interest in your deal and aren’t related it should be ok.
These are just some ideas that I use.


Re: Notary Question - Posted by Rob FL

Posted by Rob FL on January 18, 1999 at 20:33:44:

Most states require a notary for any document to be recorded.

I try to close at a title company if at all possible. It makes things more above board in case you need to CYA.


Re: Notary Question - Posted by What about?

Posted by What about? on January 18, 1999 at 21:22:02:

Aren’t there times where you would want a notary with you when negotiating with a seller and you closed a deal at the seller’s house, lets say??.. What about recording your option (memorandum and/or performance mortgage) on a L/O? or if the seller is willing to hand you a deed right there? Is there any other times?

I would always close with a title company but with a L/O (which I’m most interested in) there is no closing in the near future. So how do people normally get their documents notarized in this situation?

Thanks for all your help…