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Notarized deed

Discussion in 'Hilton Grand Vacations Club / HGVC' started by Cyberc, Apr 22, 2018.

  1. Cyberc

    Cyberc TUG Member

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    Hi

    We are in the process of buying a West 57th contract. The closing agent has indicated that we as buyers may need to get the deed notarized at the US embassy.

    In the past when we have bought a timeshare the buyers shouldn’t get the deed notarized only the sellers should.

    Now NYC may be different but do anyone know if buyers in nyc should get the deed notarized or not?

    Regards.
     
  2. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

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    AFAIK, in NY, only the seller signs and notarizes the deed.
    Their advice is either generic or related to mortgages.
    .
     
  3. Cyberc

    Cyberc TUG Member

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    Thanks. I have asked them to clarify if we as buyers need to get the deed notarized or not.
     
  4. Arimaas

    Arimaas TUG Member

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    Btw, just as an aside, the closing process for NY and real estate is a bit more complex than in many other places. Hopefully there’s a specific closing company out there that can help facilitate the closing (I can’t recall if both parties need to be present for a closing in NY - I know when I bought my house we were both there - just don’t remember if it was a requirement or not).
     
  5. ljmiii

    ljmiii TUG Member

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    You don't need to be there. However, you do need a lawyer licensed to practice in the appropriate jurisdiction (I assume NYC in the case of West 57th) and he or she will give you the necessary paperwork to act on your behalf. I've always made it to my NY closings...but I always sign the power-of-attorney-ish document so the closing can move forward if for some reason I can't attend.
     
  6. Arimaas

    Arimaas TUG Member

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    You think as a lawyer licensed in the appropriate jurisdiction I would know that...lol.
     
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  7. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

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    I was going to say that the process of recording a deed in NY is more complex than elsewhere.
    There are forms with buyer-information that need to go with the deed (so they want you there).
    If the closing agent is adept at doing this, they should be possible to provide them in advance.
    Don't be surprised if they ask for a limited POA (which may need to be notarized) for that purpose.

    .
     
    Last edited: Apr 22, 2018
  8. jestme

    jestme Guest

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    We live in Canada, and when we bought, we added our sons (who were not with us) to the deed so they could use it without paying guest fees, or Open Season. We had to go to the US Embassy and get things notarized with their signatures. The OP is from Denmark, it may be an international requirement.
     
  9. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

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    "Things" refer to the closing statement, a NY property transfer form, and/or a POA to complete/correct the docs.
    ... NY doesn't care where the buyer is located, only that they get their forms.
    The parties may complete these docs by mail, but a limited POA may be requested to correct any defects.

    .
     
    Last edited: Apr 23, 2018
  10. Cyberc

    Cyberc TUG Member

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    We are going to Disney next week and assuming all the paper work is in order by then, couldn't we just go get them notarized while there? - if so any suggestions where to get it done in orlando/disney ?

    There have been no mentioning of a POA so my guesstimate is that its not required.

    So unless NYC is "special" I hope that I dont need to get the deed notarized as a buyer.
     
  11. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

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    Notaries in Florida are like fleas. You can even look 'em up on Yelp.

    The UPS Store at Lake Buena Vista (near WDW) has notary services (most do).
    See: https://orlando-fl-6442.theupsstorelocal.com/products--services/notary
    Click the click the "Schedule" link to make an appointment with the notary.

    If staying in WDW, I've read that their resorts' business centers may have one.
    .
     
    Last edited: Apr 23, 2018
  12. Arimaas

    Arimaas TUG Member

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    What bank do you use? If they have an Orlando branch, chances are can get it done for free. I’m sure the off the street ones may charge you $10 or more a signature (which in ny is illegal. Most a notary is supposed to charge is $2 or $3 - I can’t remember - a signature per ny dept of state )
     
  13. CanuckTravlr

    CanuckTravlr TUG Member

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    Good suggestion, but the OP is from Denmark. It is highly unlikely the bank he uses in his home country has a retail branch anywhere in the USA, let alone Orlando.
     
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  14. Cyberc

    Cyberc TUG Member

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    Yes i'm in Denmark and my bank has no branch in the US, so I have to use what I can get/find, so if either Disney or the UPS store near WDW can help what would be great. This is ofc assuming that the closing company can have all the documents ready in time - currently that is unknown.
     
  15. theo

    theo TUG Review Crew: Veteran TUG Member

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    I'm guessing (only guessing) that the notarized buyer signature may not be literally "required by law", but might perhaps instead merely be a requirement for proof of identity because the buyer is in another country. Maybe that's their way of trying to better protect themselves against Viking Ships or fictitious grantees. Just speculating. :shrug:

    That said, there are places in the U.S. where notarized signature(s) on the deed is required of both grantor and grantee.
    New Orleans, LA comes to mind as just one such example.
     
    Last edited: Apr 24, 2018
  16. Arimaas

    Arimaas TUG Member

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    Ups store will have some one. As well as most banks. They will just charge you.
     
  17. Cyberc

    Cyberc TUG Member

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    So I just heard back from the closing company and my deed wont be ready for at least another 14 days. I was informed that a tax document needed to be notarized by both buyer and seller. I have requested more info about this and if possible a draft / sample document about the tax.

    Anyone have any idea was this tax document is about?
     
  18. CalGalTraveler

    CalGalTraveler TUG Member

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    IMO...It's probably a tax conveyance notice or something like it. Makes sense to have both notarized since people could transfer their property tax obligation to a fictitious person to avoid paying taxes. I find most contracts these days to be "kitchen sinks" because lawyers and banks keep piling on the crap to protect themselves and their client and no one cares about streamlining it - most people will add the wording to protect their jobs. Can't get fired for adding too much caution.
     
    Last edited: Apr 24, 2018
  19. Cyberc

    Cyberc TUG Member

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    I just receive a sample document. Looks like its regarding smoke detectors. Seems a bit excessive to me that it needs to be notarized?

    upload_2018-4-24_16-35-41.png
     
  20. CalGalTraveler

    CalGalTraveler TUG Member

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    NYC probably does not differentiate between regular landlords and timeshares. I have read that there were problems with landlords not heating apartments in NYC in the winter to save money. Perhaps they have also not kept their apartments fire safety compliant and this makes the landlord liable should a fire injure one of their occupants. (I am sure that HGVC manages this appropriately.)
     
  21. Cyberc

    Cyberc TUG Member

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    It’s would be okay so sign off that you have what is required but to have it notarized imho seem overkill.
     
  22. OMC

    OMC TUG Member

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    You may also be able to get an apostille in Denmark rather than having it notarized in the US. I know that was an option when Hawaii required notarized documents for our Kings Land purchase. I ended up running to the border though since Canada does not participate in the agreement to recognize something that has an apostille. I think the US does though.
     
  23. bizaro86

    bizaro86 TUG Member

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    I would just do it when you're in Orlando. Going to the US Embassy/Consulate is a pain. We have a consulate where I live, and it cost me ~$100 and took 3 hours to get something notarized there. Plus no cell phones, airport style security etc. Not a particularly pleasant way to spend an afternoon. 5 minutes at a UPS store in Orlando and $10 is a way better plan.
     
  24. Talent312

    Talent312 Tug Review Crew: Rookie TUG Member

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    I agree that notarizing this doc is overkill.
    A statement "signed under penalties of perjury" is often considered sufficient.

    But it doesn't say it must be done at the same time as the closing docs.
    So I'd ask 'em if you can sign+notarize this form early while in Orlando.
    .
     
  25. Cyberc

    Cyberc TUG Member

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    Thanks for the suggestion, I mailed the closing company and it seems that the deed and the rest of the documents is done at the same time and that is just how it is(I was told)

    I will however ask if I can "signed under penalties of perjury"
     

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