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Notary process for buying a Timeshare

DaveGerm

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Hi,

I purchased a Timeshare at MOC and I live in Ottawa Ontario.

Old Republic Title & Escrow of Hawaii requires you to have the American Embassy authenticate the notaries signature and seal you use to notarize the documents. I imagine it would be next to impossible to visit the Embassy.

What has been any other Canadians procedure to get a Notary to witness your signature?

Thanks
 

jabberwocky

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Our local American Consulate in Canada keeps sending out bulletins staying that they are not providing notary services - so you’re correct that this is next to impossible.

I’ve heard that some states are now allowing notarized documents via virtual methods due to the pandemic. If so you could see if you could get it done via the internet. Most require you be physically present in that state; however for some it’s not clear (I.e., Iowa). I’m not sure if Hawaii would recognize a document notarized in another state this way.
 

BM243923

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I have purchased and sold timeshares units in Fort Lauderdale and live in Canada.

I have never been asked to send documents to the American Embassy to verify notary signature. Maybe this is a requirement in Hawaii.
 

echino

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I am Canadian and I had bought MOC and was never asked to notarize anything as a buyer. This is not a requirement for purchase at MOC. Notarization is a closing company's wish. If they don't drop it, choose a different closing company.
 

KiKiDee

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I am from Ottawa as well. I recently used Valu Notary on St. Laurent Blvd. He may be able to help you as well. Good luck!
 

Talent312

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You don't sign the deed, so what as a buyer do you need notarized?
... If it's a mortgage, please don't go thru with it!

Hawaiian notaries can do audio-video notarizations (due to the pandemic).
Unfortunately, they must verify that the signer is physically present in the state.

OTOH, if a doc is notarized by online or video conference in any other U.S. state, Hawaii accepts it.
See: https://www.notaryfile.com/are-online-notaries-legal-in-hawaii/

Apparently, there are many states which do not require you to be physically present.
See: https://www.asnnotary.org/?form=covid19temporarynotaryprocedures
 
Last edited:

qlaval

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...
What has been any other Canadians procedure to get a Notary to witness your signature?
...
I live in Montreal, an with over 15 timeshares purchases/resales, all my timeshare purchases/sales transfers needed to be notarized but it was never required to go to an American Embassy to authenticate the notary signature.
 

morexplore

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Title & Escrow of Hawaii requires you to have the American Embassy authenticate the notaries signature and seal you use to notarize the documents. I imagine it would be next to impossible to visit the Embassy.
You don't sign the deed, so what as a buyer do you need notarized?
... If it's a mortgage, please don't go thru with it!

Hawaiian notaries can do audio-video notarizations (due to the pandemic).
Unfortunately, they must verify that the signer is physically present in the state.

OTOH, if a doc is notarized by online or video conference in any other U.S. state, Hawaii accepts it.
See: https://www.notaryfile.com/are-online-notaries-legal-in-hawaii/

Apparently, there are many states which do not require you to be physically present.
See: https://www.asnnotary.org/?form=covid19temporarynotaryprocedures

I just recently purchased a very small Bali Hai contract on Ebay. Timeshare company is handling the deed internally. Any new advice on this from you, or others who have recently bought or sold a Hawaii timeshare? I am being told HI timeshares need notarized buyer signatures.

Has anyone recently bought (or sold) a HI timeshare? I'm concerned it may be difficult (expensive) to sell this small timeshare in the future if need to jump through a lot more hoops than normal.
Thanks, John
 

dioxide45

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I was not aware that Hawaii required both the seller and buyer to sign a deed. Very few states have this requirement. I am only aware of Louisiana having this requirement.
 

morexplore

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My closing costs and transfer costs are all 100% being paid from the ebay seller, so my only real concern on the Bali Hai purchase is that the deed gets transferred correctly without a lot of hassle or extra time.
 
Last edited:

byeloe

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We get our transfer docs notarized for approx $50 by a lawyer. We live in Ontario also. Never been a problem
 
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