Online Notary - can we use if located in Canada?

[jabberwocky]

This may be a dumb question, but I haven't been able to find a good answer online.

We are wanting to add my name to a couple of TS deeds that my parents currently own. The process requires that they get a notarized signature that is recognized in the State of Florida. The US doesn't recognize Canadian notaries in general. Because of health issues, my parents won't be traveling to the US for quite some time, so the only option for a physical notary would be to drive three hours to the nearest US consulate and have it done there.

Recently, many states are now allowing remote notarization online (this includes Florida). Does anyone know if the person signing has to be physically present in the US, or can it be notarized remotely even if they are physically present in Canada?

 

[dioxide45]

I found this. I think the signer can be anywhere in the world as long as the notary is in Florida;

Remote Online Notarization for foreign individuals | Moris & Associates

On June 7, 2019 Florida passed its House Bill 409. This law is in effect as of January 1, 2020, allowing any Florida notary public to register with the Department of State of Florida as an online notary, and to execute real estate closings remotely. Remote Online Notarization (RON) means that a...

anmpa.com

 

[byeloe]

This may be a dumb question, but I haven't been able to find a good answer online.

We are wanting to add my name to a couple of TS deeds that my parents currently own. The process requires that they get a notarized signature that is recognized in the State of Florida. The US doesn't recognize Canadian notaries in general. Because of health issues, my parents won't be traveling to the US for quite some time, so the only option for a physical notary would be to drive three hours to the nearest US consulate and have it done there.

Recently, many states are now allowing remote notarization online (this includes Florida). Does anyone know if the person signing has to be physically present in the US, or can it be notarized remotely even if they are physically present in Canada?

We have always used a local lawyer/notary(Ontario) for all of our SVV purchases and sales. Never had any problems

 

[BM243923]

Same thing here we have always used a local lawyer in Ontario on deeds from Florida and have never had an issue.

 

[bizaro86]

I found this. I think the signer can be anywhere in the world as long as the notary is in Florida;

Remote Online Notarization for foreign individuals | Moris & Associates

On June 7, 2019 Florida passed its House Bill 409. This law is in effect as of January 1, 2020, allowing any Florida notary public to register with the Department of State of Florida as an online notary, and to execute real estate closings remotely. Remote Online Notarization (RON) means that a...

anmpa.com

That's super interesting. Although the requirement for an SSN/ITIN eliminates most foreign nationals, I would think.

 

[dioxide45]

Good thing is, it looks like based on Florida law, a civil notary of a foreign country is able to notarize a Florida deed;

Statutes & Constitution :View Statutes : Online Sunshine

 

[goaliedave]

Similar to previous posters, i have always used a Canadian notary for my USA timeshare purchases.

 

[jabberwocky]

Maybe it depends on state/province. I didn’t need a notary for my WFlex purchase or our SDO purchase. I did have to go to the US consulate in Calgary for our Maui purchase as we could not find a lawyer or notary locally who was recognized for deed purposes. Something to do with The Hague Apostille convention.

There was a process to get documents. recognized, but it involved sending the documents to Global Affairs Canada for “legalization” with no guarantee on timelines. Going to the US Consulate was a better option.

If we don’t need one for Florida that is good news! I’ll try a local lawyer and see if they can do it.

 

[dioxide45]

Maybe it depends on state/province. I didn’t need a notary for my WFlex purchase or our SDO purchase. I did have to go to the US consulate in Calgary for our Maui purchase as we could not find a lawyer or notary locally who was recognized for deed purposes. Something to do with The Hague Apostille convention.

There was a process to get documents. recognized, but it involved sending the documents to Global Affairs Canada for “legalization” with no guarantee on timelines. Going to the US Consulate was a better option.

If we don’t need one for Florida that is good news! I’ll try a local lawyer and see if they can do it.

Generally you don't need a notary or even sign a deed when purchasing. It would be an issue again if you go to sell Westin Flex as it is recorded in Florida. The reality is that Florida counties, for the most part, will record a napkin with scribbles on it. They don't do any real validation to the validity of your notary. It would only come up as an issue if someone contests the deed or if the resort decides not to recognize it.

 

[jabberwocky]

Generally you don't need a notary or even sign a deed when purchasing. It would be an issue again if you go to sell Westin Flex as it is recorded in Florida. The reality is that Florida counties, for the most part, will record a napkin with scribbles on it. They don't do any real validation to the validity of your notary. It would only come up as an issue if someone contests the deed or if the resort decides not to recognize it.

Thanks.