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Notary Reqirements

SteelerGal

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When is Notary required for both buyer and seller? Is it based on Title Company? Resort? I have never had to as a buyer but is being asked for a recent purchase.
 

tschwa2

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Most counties only require the notarized seller signature in order to record the deed. The resort may require both the buyer and seller to sign. There are some sellers that require the buyer to sign a limited POA for the sale. I believe Sumday has had this requirement for the last 2 plus years.
 

bizaro86

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When is Notary required for both buyer and seller? Is it based on Title Company? Resort? I have never had to as a buyer but is being asked for a recent purchase.

I think it varies by county/state, and sometimes by resort.

I've had notarization required as a buyer for both Worldmark and Shell points. They aren't deeded, but require it to do the transfer.

I believe HI also requires notarization of the buyer's signature, but I've bough a TS in CA and AZ without having my signature notarized.

Basically, YMMV, and sometimes it comes down to the closing company. Sumday (mentioned above) always wants that POA...
 

SteelerGal

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Thanks. I have had w/ Hawaii and HGVC so same experience. For a previous CA purchase, it wasn’t a requirement so I inquired why. Wanting to do my due diligence.
 

Free2Roam

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New Orleans deed transfer required both buyer and seller the last time I bought... that was years ago. Not sure if it has changed.
 

OldGuy

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When is Notary required for both buyer and seller? Is it based on Title Company? Resort? I have never had to as a buyer but is being asked for a recent purchase.

Never, in jillions of years and transactions, has the buyer been required.

Have you been given an explanation for that?

If it is for a timeshare, I would tend to think that the resort wants proof that the buyer is a real buyer, timeshares being different, more suspicious, than other real estate.
 

WVBaker

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Jurisdictions can be strange. This was new to me when I purchased a Las Vegas unit.

I've always placed the contract and deed in my name, rather than both of us however, because Nevada is a community property state and I'm married, in order for me to take title as sole and separate property the resort requires that the spouse sign over her implied interest. This document would need be signed in front of a notary. However, if I put her on the contract to purchase, no signatures need to be notarized. :shrug:
 

goaliedave

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Any Hawaii real estate lawyers on here? I am Canadian and have been told I must get a USA notary to notarize my forms for transfer of deed as buyer regarding Pono Kai resort in Kauai. This is unusual. Today my notary, who is also a lawyer, notarized my different buying transfer for RVC and said that she has notarized many other transactions for USA transfers.

So my question is, is this a Hawaii requirement, or just the Pono Kai resort requirement. Looking for a lawyer to answer. Thank you.
 

Braindead

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Any Hawaii real estate lawyers on here? I am Canadian and have been told I must get a USA notary to notarize my forms for transfer of deed as buyer regarding Pono Kai resort in Kauai. This is unusual. Today my notary, who is also a lawyer, notarized my different buying transfer for RVC and said that she has notarized many other transactions for USA transfers.

So my question is, is this a Hawaii requirement, or just the Pono Kai resort requirement. Looking for a lawyer to answer. Thank you.
Not a Hawaii lawyer but I do know a Canadian couple that purchased at the same Wyndham resort last year & this year.
This year they were told they had to have a US notary.
I thought maybe it was a new Wyndham policy but after your post it must be new for all Hawaii deeds
 

echino

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Canadian here, purchased a few US timeshares, including two in Hawaii, notary was NOT required.

Also purchased Hyatt Piñon Pointe in Arizona, notary was NOT required when using LT Transfers, but a different closing company required a notary and refused to do anything without notarized buyers signature. It was the closing company's totally unnecessary requirement, not resort's.
 

dioxide45

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New Orleans deed transfer required both buyer and seller the last time I bought... that was years ago. Not sure if it has changed.
As far as I know, buyers signing the deed is something for all of Louisiana, not just New Orleans Parish. I am not aware of any other state or county with similar requirements. IMO, a buyers signature on a deed is actually a good thing.
 

goaliedave

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Not a Hawaii lawyer but I do know a Canadian couple that purchased at the same Wyndham resort last year & this year.
This year they were told they had to have a US notary.
I thought maybe it was a new Wyndham policy but after your post it must be new for all Hawaii deeds
Hi thank you for your post, much appreciated. It seems arbitrary but at least I'm not alone.
 

goaliedave

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Canadian here, purchased a few US timeshares, including two in Hawaii, notary was NOT required.

Also purchased Hyatt Piñon Pointe in Arizona, notary was NOT required when using LT Transfers, but a different closing company required a notary and refused to do anything without notarized buyers signature. It was the closing company's totally unnecessary requirement, not resort's.
Ok thank you for the information. So seems like it is not a Hawaii state real estate transaction requirement then. It's frustrating to have to get a US Notary. I talked with the resort lawyer and he said I was lucky I live in the capital and can instead go to the US Consulate. People outside Ottawa or Toronto have to travel to USA to get it notarized.
 

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Ok thank you for the information. So seems like it is not a Hawaii state real estate transaction requirement then. It's frustrating to have to get a US Notary. I talked with the resort lawyer and he said I was lucky I live in the capital and can instead go to the US Consulate. People outside Ottawa or Toronto have to travel to USA to get it notarized.



This is very interesting. In essence, any US Consulate likely has a notary public on staff....




.
 

echino

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US consulate notary may be expensive. I just drive 30 minutes to Blaine WA, notary is $10. Versus $70 here in Vancouver. Fill up cheap gas too while I am there. Got Nexus, so no border wait.
 

goaliedave

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This is very interesting. In essence, any US Consulate likely has a notary public on staff....




.
Thank yes, I thought so and glad it might help others. Yes, any USA consulate can notarize. In Canada we have 7 USA Consulates. It's often cheaper and closer option than travelling to USA... although 90% of Canadian live within an hour drive of the USA border so not always. I expect other countries having USA consulates provide the same notary services.
 

goaliedave

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US consulate notary may be expensive. I just drive 30 minutes to Blaine WA, notary is $10. Versus $70 here in Vancouver. Fill up cheap gas too while I am there. Got Nexus, so no border wait.
I wondered the cost at the USA Consulate. Ogdensburg NY here I come. Great point on the cheap gas fillup as well!

Might as well give the link for the US Embassies and Consulates. This is the page for Canada but easily scroll to other countries. https://ca.usembassy.gov/u-s-citizen-services/local-resources-for-u-s-citizens/notaries-public/

huh. Just used the online scheduler for Ottawa and next available appointment isn't until Sept 6. Looks like they only have 4 appointments per day.
 
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TheTimeTraveler

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I wondered the cost at the USA Consulate. Ogdensburg NY here I come. Great point on the cheap gas fillup as well!

Might as well give the link for the US Embassies and Consulates. This is the page for Canada but easily scroll to other countries. https://ca.usembassy.gov/u-s-citizen-services/local-resources-for-u-s-citizens/notaries-public/

huh. Just used the online scheduler for Ottawa and next available appointment isn't until Sept 6. Looks like they only have 4 appointments per day.




Well if you can't get it notarized for six weeks then one may well be better off driving to the USA instead of waiting......




.
 

goaliedave

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to wrap this thread... an appointment came up from a cancellation so I got the US Embassy here in Ottawa to notarize. it took 10 minutes and cost USD 50.

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