Seriously? Is this true?

Is it true that when I (a Canadian) sell my California timeshare to an American that the Deed must be notarized by the U.S. embassy in my Canadian city?

We got the deed from the finance company doing the transfer. A couple of weeks ago.... it is Grand Pacific so a finance company handles this for them... the representative didn't inform us about the embassy thing. He just said to get it notarized, which we did and then sent him the original docs, which we did.

Today I get an email saying that he apologizes but he didn't notice before that we live in Canada. So he said we have to go to the embassy (30 mins without traffic away) and redo the entire process!

I'm so pissed. We took time off of work and paid for the first notary document. Now we have to do it all over again but this time it's WAY more inconvenient and twice the cost of the first notary.

Seriously? Is this correct?

Yes - it is true, and has been discussed here on TUG. I understand your frustration that you received incorrect info, but I'd be pleased that the embassy is only 30 min. away.

So if it's not notarized by an embassy it's invalid?

Just a minute ago I got another email from the finance company saying that they think I can do this via mail. I don't know how that would work. Have you heard if that?

The distance to the embassy is not the bad part necessarily. It's taking time off work, which will be very tough to do again.

booklvr said:

So if it's not notarized by an embassy it's invalid?

Just a minute ago I got another email from the finance company saying that they think I can do this via mail. I don't know how that would work. Have you heard if that?

The distance to the embassy is not the bad part necessarily. It's taking time off work, which will be very tough to do again.

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Also entering the embassy/consulate is not easy. No phones, electronic car keys, laptops etc the last time I went.

Not sure when the change happened but I do believe there are US notaries in Canada as well. Not just government ones but 30 minute is hard to beat.

adam

booklvr said:

So if it's not notarized by an embassy it's invalid?

Just a minute ago I got another email from the finance company saying that they think I can do this via mail. I don't know how that would work. Have you heard if that?

The distance to the embassy is not the bad part necessarily. It's taking time off work, which will be very tough to do again.

Click to expand...

Yes, it does need to be notarized by a US notary. California and HI are the two states that require this. I've had this issue when I've transferred ownerships in those states. You're lucky as you actually have access to a consulate close by. The closest one for me is 3 hours away - and you have to book an appointment. It was easier for me to use points to fly to Seattle for a weekend and get it notarized there than to get in to the consulate.

if you live in a major centre, you may be able to find a CDN lawyer that is also certified as a US notary but there are not a lot of those.

am1 said:

Also entering the embassy/consulate is not easy. No phones, electronic car keys, laptops etc the last time I went.

Not sure when the change happened but I do believe there are US notaries in Canada as well. Not just government ones but 30 minute is hard to beat.

adam

Click to expand...

The problem is that the notary can only sign in the jurisdiction for which they are commissioned. There would be no US notaries that have a jurisdiction in Canada. By going to the Consulate, it is as good as being on US soil.

I agree, being only 30 minutes for a US consulate is great. There are only eight of them in Canada.

Wow. Good to know.

I checked and we have to make an appointment to get in at the embassy. Some red tape involved with the whole thing.

That is crazy to have to travel 3 hours to get yours notarized djyamam! We're just ticked about taking time off work. That's not easy right now.

I suppose we are spoiled by thinking 30 mins is a long way. Lol where I'm from that's considered a bit far. For some it would be laughable (I've been stuck in L.A. traffic before!).

Too bad the finance company guy wasn't more thorough at his job.

Thanks for the info Tug people!

dioxide45 said:

The problem is that the notary can only sign in the jurisdiction for which they are commissioned. There would be no US notaries that have a jurisdiction in Canada. By going to the Consulate, it is as good as being on US soil.

I agree, being only 30 minutes for a US consulate is great. There are only eight of them in Canada.

Click to expand...

Interesting. There is a guy in Toronto who definitely offers US notary services. I suspect on a timeshare document, nobody would ever question it, but who knows. I looked extensively for someone here in Calgary when I recently purchased a HI unit. Even though the consulate is only 3 blocks from my office, it was a huge pain in the butt, and took ~2.5 hours including waiting for security, waiting to pay the fee, waiting to see someone at a window for assessment, and then waiting to see the vice-consul to actual get the stamp.

Are CA and HI the only states where this is required? That is good to know.

I think all deeds require a notary. It doesn't matter what state the property is in. Only certain states require witnesses.

Canadian notaries were fine up until 2011??? What changed?

Hm, reading this made me wonder something - I would really appreciate it if someone knows the answer.

I live overseas and have a CA timeshare. If I wanted to sell it (not planning to at the moment but could happen some time): Could I get it notarized in the US while on a vacation there or does it have to be done where you live? Just wondering as it might be less hassle/cost than at the embassy...

Vacationsarefun said:

<snip> I live overseas and have a CA timeshare. If I wanted to sell it (not planning to at the moment but could happen some time): Could I get it notarized in the US while on a vacation there....? <snip>

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Yes, of course. It's a U.S. timeshare and obtaining deed signature notarization while in in the U.S. would be both easy and appropriate, regardless of where you live.
The logistically difficult part, it seems to me, would be the advance planning and organization required to have a new deed already prepared with all of the new grantee information entered and ready for your signature notarization while (or before) travelling on a vacation to another country. Better you than me...

Plan to have one (preferably more than one) form of govt. issued photo identification on your person if / when you seek that deed signature notarizationin the U.S..
If / when you are in the U.S. as a vacationing non-resident, your passport would presumably be readily available anyhow, as well as a driver's license.