Canadians Selling/Giving Away a US Timeshare

[gnorth16]

I have sold or given away many timeshares and have finally dwindled the number down to two. On my latest transaction, which included a Warranty Deed and Deed In Lieu back to the resort (couldn't give it away, so I called a few times and they agreed) I learned something new. Both documents were notarized like all previous sales or giveaways, by a Canadian lawyer who is a Notary Public who witnessed, signed and stamped like usual, but it was not accepted by First American Title Company or Maricopa County. The deed and D-I-L agreement had to either be signed by a US Notary or go through an "authentication" process where the documents have to be forwarded to the American Consulate and have an Apostille attached to the document for verification. This was not required for the previous 5 transactions, including two with the same county office AND the same resort. I'm not sure what changed or I got lucky, but if you are Canadian selling a US timeshare, most counties require a US Notary/Authenication.

Long story less long , I drove down to Grand Forks, ND and had a nice gentleman notarize both items for $20, much less than the $50 each for the US Consulate, plus tracked return shipping from Calgary or Ottawa.

 

[bizaro86]

I have sold or given away many timeshares and have finally dwindled the number down to two. On my latest transaction, which included a Warranty Deed and Deed In Lieu back to the resort (couldn't give it away, so I called a few times and they agreed) I learned something new. Both documents were notarized like all previous sales or giveaways, by a Canadian lawyer who is a Notary Public who witnessed, signed and stamped like usual, but it was not accepted by First American Title Company or Maricopa County. The deed and D-I-L agreement had to either be signed by a US Notary or go through an "authentication" process where the documents have to be forwarded to the American Consulate and have an Apostille attached to the document for verification. This was not required for the previous 5 transactions, including two with the same county office AND the same resort. I'm not sure what changed or I got lucky, but if you are Canadian selling a US timeshare, most counties require a US Notary/Authenication.

Long story less long , I drove down to Grand Forks, ND and had a nice gentleman notarize both items for $20, much less than the $50 each for the US Consulate, plus tracked return shipping from Calgary or Ottawa.

You can get this done in person at the consulate as well. It still costs $50, takes hours, they confiscate your cell phone/car keys, and require airport style security. I would be willing to drive hours to avoid it, but while Calgary has a consulate we are quite far from the border...

 

[gnorth16]

You can get this done in person at the consulate as well. It still costs $50, takes hours, they confiscate your cell phone/car keys, and require airport style security. I would be willing to drive hours to avoid it, but while Calgary has a consulate we are quite far from the border...

Winnipeg doesn't have an embassy and only has a consulate on an emergency basis, with all inquiries to the Calgary office.

For a similar Notary system (I only know lawyers who are also Notaries in Canada), the US sure makes it more difficult than what is required for this process.

 

[bizaro86]

Winnipeg doesn't have an embassy and only has a consulate on an emergency basis, with all inquiries to the Calgary office.

For a similar Notary system (I only know lawyers who are also Notaries in Canada), the US sure makes it more difficult than what is required for this process.

Indeed. It is rather ironic given that the requirements to become a notary are more stringent in Canada than most US states.