U.S. Notary in Canada for Real Estate Deal

Flipper · San Antonio, TX · Member since 2016 · 101 posts · 17 votes

I am finalizing a real estate deal with Sellers here in Texas. One of the Sellers is an American citizen on an extended stay in Manitoba outside of Winnipeg. I'm hopeful some of you in the Seattle Washington, Michigan, Minnesota, New York or other bordering states may experience to help me here. The US Embassy in Calgary is less than helpful with their automated responses, emails, etc. I'm a notary myself and I can't even understand what the heck the Seller needs to do. Are there US Notaries that can notarize overseas, or do I have to have a Canadian notary then verified by the embassy...or have her travel to Calgary to pay $50 and have them notarize it (which is Asinine!)?

Thanks for San Antonio!

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Jessica Melendez

Real Estate Agent · Brooklyn, NY · Member since 2017 · 54 posts · 21 votes

Good Afternoon Matthew,

Oversea notarizations are always tricky. I am a Notary commissioned in NYC and a member of the NNA. I took the liberty of submitting your question to their 24hr hotline, I'd rather not misguide you. You can also contact your secretary of state for help (Texas Secretary of State).I will update you once I get a response from the NNA.

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Jessica Melendez
Real Estate Agent · Brooklyn, NY · Member since 2017 · 54 posts · 21 votes
9y
Good Afternoon Matthew,
Oversea notarizations are always tricky. I am a Notary commissioned in NYC and a member of the NNA. I took the liberty of submitting your question to their 24hr hotline, I'd rather not misguide you. You can also contact your secretary of state for help (Texas Secretary of State).I will update you once I get a response from the NNA.
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Jessica Melendez
Real Estate Agent · Brooklyn, NY · Member since 2017 · 54 posts · 21 votes
9y
Few questions for you...
1. What type of document are you trying to notarize?
2. Is the seller physically in the states?
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Matthew Allen
OP
Flipper · San Antonio, TX · Member since 2016 · 101 posts · 17 votes
9y
It's actually an easement agreement. The seller is an American citizen physically in Canada. Thank you for checking!
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Jessica Melendez
Real Estate Agent · Brooklyn, NY · Member since 2017 · 54 posts · 21 votes
9y
This is what I received as a reply:
Good afternoon Jessica,
If we understand your question correctly, one of the signers is out of the country and cannot appear before a Notary?
There are a few things to consider here:
1. Ultimately, this is the seller’s, signer’s or Lender’s responsibility to instruct the signers as to what to do, and how to do it--that should not be placed on you.
2. If the out of country signer is looking for a Notary one option may be to contact a web cam notarization company. Some Virginia Notaries have the ability to perform web-cam notarizations for signers in other states or in other countries. Currently, they are the only state, but there are a few sites or companies that contract these VA Notaries and the signer could contact one of these companies in order to have a remote notarization done.
Notarize.com
Docverify.com
Notarycam.com
Thank you for contacting the NNA Hotline.
Hope this helps!
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Matthew Allen
OP
Flipper · San Antonio, TX · Member since 2016 · 101 posts · 17 votes
9y
Jessica Melendez thank you so much! The links are very helpful and you have gone above and beyond to help. Best of luck in your business ventures.
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Jessica Melendez
Real Estate Agent · Brooklyn, NY · Member since 2017 · 54 posts · 21 votes
9y
Thank You. Likewise!
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Roy N.Pro Member
Rental Property Investor · Fredericton, New Brunswick · Member since 2013 · 7k+ posts · 4k+ votes
9y
@Matthew Allen
Notaries here in Canada are typically lawyers. You should be able to find a lawyer in Winnipeg who could fulfill your needs.
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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
9y
@Roy N. I learned that the hard way.. when I had my place I Kelowna.. I sallied into a Notary expecting US style .. wip out ID notarize for 5 bucks or so and be done.
No sir.. in CA and most other countries as you state Notary is in essence a closing agent and title examiner and wants to examine all the legal docs to make sure you have the right to sign etc.. Had to fly to Seattle to get er done.. :) But Hey I still Love BC...
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Matthew Allen
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Flipper · San Antonio, TX · Member since 2016 · 101 posts · 17 votes
9y
Thanks Roy N. Found that out in my search today!
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Fred Heller
Real Estate Agent/Property Management · Houston, TX · Member since 2014 · 1k+ posts · 827 votes
9y
There is a US consulate in Winnipeg. He should be able to get it notarized there.
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Larry Smet
Flipper / Rehabber / Real Estate Investor · Toronto, Ontario · Member since 2012 · 392 posts · 77 votes
9y
I've always had my RE attorney here (in Toronto) notarize my documents for US transactions - they've always been accepted in Chicago and Florida. I've heard of other places in the US where they expect the person to travel there which seems crazy to me...
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Hai Loc
Specialist · Toronto, Ontario · Member since 2012 · 2k+ posts · 891 votes
9y
y.Originally posted by @Larry Smet:

I've always had my RE attorney here (in Toronto) notarize my documents for US transactions - they've always been accepted in Chicago and Florida. I've heard of other places in the US where they expect the person to travel there which seems crazy to me...
Remember Martin? I drove to Buffalo with him to get his closing docs notarized bc the title company wouldn't accept a Canadian notary.
My advice would be before you even make a purchase you make sure selling side choose a title company that can accommodate a Canadian notary..
But if you have to travel to the US then at least you can go to UPS who can do it for like $2 a sheet vs at least $20 in Toronto..
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