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Old May 26, 2010, 02:59 PM   #1
abdibile
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Using a foreign (German) notary public to notarize a Florida deed?

I am selling one of my weeks at Vistana Resort in Orlando.

As I am living in Germany I can not use an US notary public to have the deed notarized but will have to use a German notary.

The (not so reputable) closing company tells me that it is fine to just have the German notary notarize the signature and that is it.

"As long as their seal is affixed with their signature we will not run into any issues."

I always thought you need to have an apostille added to a real estate deed notarization by a foreign notary(which costs 6 times as much as the notarization).

Can anyone clarify this for me please?

Thanks a lot!
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Old May 26, 2010, 03:26 PM   #2
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Question Another possibility....

Are you near enough to a U.S. Embassy or Consulate office to get a U.S. notarization there?
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Old May 26, 2010, 08:53 PM   #3
Dave H
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Quote:
Originally Posted by abdibile View Post
I am selling one of my weeks at Vistana Resort in Orlando.

As I am living in Germany I can not use an US notary public to have the deed notarized but will have to use a German notary.

The (not so reputable) closing company tells me that it is fine to just have the German notary notarize the signature and that is it.

"As long as their seal is affixed with their signature we will not run into any issues."

I always thought you need to have an apostille added to a real estate deed notarization by a foreign notary(which costs 6 times as much as the notarization).

Can anyone clarify this for me please?

Thanks a lot!
From a German notary, the main thing you have to make sure is everything they do is in english or it has to be translated ot be recorded. You will be ok on that side. The US Embassy is you are close or if you are in the military, the JAG office or a CO can do it as well.

Dave
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Old May 26, 2010, 09:13 PM   #4
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From Florida Statutes...

695.03 Acknowledgment and proof; validation of certain acknowledgments; legalization or authentication before foreign officials.
....
(3) WITHIN FOREIGN COUNTRIES. -- If the acknowledgment, legalization, authentication, or proof is made in a foreign country, it may be made before... before a notary public of such foreign country or a civil-law notary of this state or of such foreign country who has an official seal... and the certificate of acknowledgment, legalization, authentication, or proof must be under the seal of the officer. A certificate legalizing or authenticating the signature of a person executing an instrument concerning real property and to which a civil-law notary or notary public of that country has affixed her or his official seal is sufficient as an acknowledgment...

and yeah, it needs to be in English.
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Last edited by Talent312; May 26, 2010 at 09:33 PM.
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Old May 27, 2010, 02:21 AM   #5
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Each state has its own laws on this subject, so it is good that someone gave you the Florida law.

Because of language and sometimes form differences, I would always suggest getting a notarization at the US Consulate, which is valid in all 50 states and is, of course, in English and in a recognizable form. I think the fee is $10 if I recall correctly.
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Old May 27, 2010, 11:55 PM   #6
abdibile
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Thanks for all your help.

I will just try it without an apostille and see where it leads.

If it is not accepted, the deed has to be redone.

I tried the US consulate once which was a lot of hassle: You make an appointment about two weeks out, wait in line for security check, are trying to find the counter that matches the complex system of waiting-numbers, wait at the counter, find two witnesses from the other waiting people (who are mainly Germans who would never sign anyhting they do not fully understand and are afraid to miss their own appointment if they act as whitnesses) as the consulate employees are not allowed to act as whittneses.
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Old May 28, 2010, 02:27 AM   #7
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I guess that varies by country. Here it is pretty simple. Just show up on one of the days the consulate is open for US citizen matters, go through security (no biggie here), go to the window and get your name on the list, wait 10 or 15 minutes, and then get it done. I have also used local notaries for in-country documents, and the waiting is actually longer at one of their offices.



Quote:
Originally Posted by abdibile View Post
Thanks for all your help.

I will just try it without an apostille and see where it leads.

If it is not accepted, the deed has to be redone.

I tried the US consulate once which was a lot of hassle: You make an appointment about two weeks out, wait in line for security check, are trying to find the counter that matches the complex system of waiting-numbers, wait at the counter, find two witnesses from the other waiting people (who are mainly Germans who would never sign anyhting they do not fully understand and are afraid to miss their own appointment if they act as whitnesses) as the consulate employees are not allowed to act as whittneses.
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Old May 28, 2010, 06:39 AM   #8
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1. Without the acklnowledgment being properly completed, your deed cannot be recorded in the public records of the county, and thus will not be acceptable.
-- A few closing services will use their in-house notary to "finish" a deed, which is quite illegal and if discovered, will invalidate the deed.

2. You only need one additional person to act a witness. The notary can also sign as one of the witnesses. Its two different functions -- the witness sees you sign it, the notary says that you are the person who's name is on the deed. I've done plenty of these (in Florida) and its common practice.
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