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Nevada `court policy' is blocking our timeshare sale (really?)

Ruddigore

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Hello TUG,

Can anyone confirm the following information that has been explained to me by the Legal Department at the Florida head office of our timeshare company:

We were well along the process of returning our Las Vegas timeshare to these folks in Florida by using their “Deed Back Program”.

My wife is ill and unable to sign documents, but fortunately we have a (Canadian) Enduring Power Of Attorney document that authorizes me to sign on her behalf. The legal department at the timeshare company headquarters says that Power Of Attorney documents are not acceptable in “the courts” in Nevada. The specific issue seems to be that our signatures on the POA were witnessed by our Estate lawyer/attorney and his legal secretary which are not acceptable to the Nevada courts –> the document would have been acceptable if our signatures had been witnessed by a Notary Public.

The legal department at the timeshare company offered us a `workaround’ that they usually use in Nevada -> they would send us an Affidavit specially created for Nevada courts, and my wife could mark an “X” in the presence of a Notary Public who would have to come to our home. Unfortunately my wife can no longer hold a pen, so this is not an option for us.

Please let me know if you have encountered this same restriction, or if you have any other insights to share.
 

tschwa2

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It is not unusual that US timeshares require a US notary to do any kind of transfer.
 

wackymother

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Maybe you could call a notary and ask if they have any suggestions? I wonder if the notary would let you make the X based on the power of attorney. (I'm not a lawyer, I'm just trying to think how this situation might be handled.)
 

ausman

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A common problem with foreign nationals dealing with US institutions is that they have tailored their processes to be US centric only and fail to acknowledge the rest of the world exists.

Are you still paying MF's.? If not I'd consider it their problem to deal with and inform them of such.

If you are, then I'd ask the collective wisdom of TUG what are the consequences of a non US citizen defaulting. Probably little or none from prior readings here.
 

R.J.C.

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A common problem with foreign nationals dealing with US institutions is that they have tailored their processes to be US centric only and fail to acknowledge the rest of the world exists.

Are you still paying MF's.? If not I'd consider it their problem to deal with and inform them of such.

If you are, then I'd ask the collective wisdom of TUG what are the consequences of a non US citizen defaulting. Probably little or none from prior readings here.

As if the rest of the world doesn't do the same thing in their neck of the woods. Blaming US institutions for following US law is utterly ridiculous.
 

easyrider

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A common problem with foreign nationals dealing with US institutions is that they have tailored their processes to be US centric only and fail to acknowledge the rest of the world exists.

Are you still paying MF's.? If not I'd consider it their problem to deal with and inform them of such.

If you are, then I'd ask the collective wisdom of TUG what are the consequences of a non US citizen defaulting. Probably little or none from prior readings here.

The process to collect debt from a Canadian living in Canada when the company owning the debt is from the USA is this USA based company has to get a judgement in the USA and then has to take that judgement to a Canadian court to get the judgement acknowledged. It is a really long process that doesn't mean that the judgement will ever be paid, meaning most small debts are not pursued in Canada that originate in the USA. Especially so regarding a timeshare maintenance fee, imo.

Bill
 

jabberwocky

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By definition in most provinces an attorney is recognized as being equivalent to having notary powers. I suspect the lack of Canada being part of the Apostille Convention might play a role here. Even if it was a notary public it might not be recognized by US jurisdictions. We had to go to a US consulate when we purchased one of our timeshares as Hawaii would not recognize a regular notary or attorney in having our signatures witnessed. The other alternative was to go through a process called "authentication" which would have taken longer.

You should see if this is the issue. If so, you may be able to get the lawyers signature authenticated instead of having to get a second document notarized.

Perhaps this will help:

https://www.international.gc.ca/wor...ge/authentication-authentification/index.aspx
 

wackymother

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By definition in most provinces an attorney is recognized as being equivalent to having notary powers. I suspect the lack of Canada being part of the Apostille Convention might play a role here. Even if it was a notary public it might not be recognized by US jurisdictions. We had to go to a US consulate when we purchased one of our timeshares as Hawaii would not recognize a regular notary or attorney in having our signatures witnessed. The other alternative was to go through a process called "authentication" which would have taken longer.

You should see if this is the issue. If so, you may be able to get the lawyers signature authenticated instead of having to get a second document notarized.

Perhaps this will help:

https://www.international.gc.ca/wor...ge/authentication-authentification/index.aspx


Just want to point out that a notary is different in the US than it is in Canada and many other foreign countries. Here a notary is NOT usually a lawyer. The notary confirms that the person who signs is who they say they are.

https://www.nationalnotary.org/knowledge-center/about-notaries

What Does A Notary Do?
A Notary's duty is to screen the signers of important documents for their true identity, their willingness to sign without duress or intimidation, and their awareness of the contents of the document or transaction. Some notarizations also require the Notary to put the signer under an oath, declaring under penalty of perjury that the information contained in a document is true and correct. Property deeds, wills and powers of attorney are examples of documents that commonly require a Notary.

And from the same website:
What A Notary Is Not
Unlike Notaries in foreign countries, a U.S. Notary Public is not an attorney, judge or high-ranking official.
 
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