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Walt Middleton's profile image
Walt Middleton's profile image
Walt Middleton
  • Investor
  • from San Antonio, TX
  • Member since Apr 5, 2017

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Walt Middleton's profile image
Walt Middleton's profile image
Walt Middleton
  • Investor
  • from San Antonio, TX
  • Member since Apr 5, 2017
Walt Middleton
  • Investor
  • San Antonio, TX
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Tax, SDIRAs & Cost Segregation

Legal issues with closing a contract from a foreign country

Walt Middleton
  • Investor
  • San Antonio, TX
Posted
We are purchasing an apartment in San Antonio through an LLC. One of the LLC members is currently out of the country. The question is about the notary required for closing. It seems that some states require that if one of the loan guarantors is closing from outside the US that they must go to the US embassy to have a US registered notary affix their stamp to the document. On the other hand other states, like Florida, simply require that the notary be a legal entity within the country of signing. So my question is which kind of state is texas? I can't find any information on line. Thanks Walt
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Chris K.'s profile image
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Chris K.
  • Attorney
  • from Nashville, TN
  • Member since Nov 18, 2015

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Chris K.
  • Attorney
  • from Nashville, TN
  • Member since Nov 18, 2015
Chris K.
  • Attorney
  • Nashville, TN
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Chris K.
  • Attorney
  • Nashville, TN
Replied

@Walt Middleton Not a Texas lawyer so I can't really help. But this PDF from Stewart Title Company seems to answer your questions. Open it and do a search for "Foreign Notary" (without quotation marks). It looks like Texas is closer to Florida. The relevant materials start on Page 20-ish. 

https://www.stewart.com/content/dam/stewart/Micros...

@Cody L.  I would think there would be a riot if there wasn't a way to notarize your documents in the Caymans for US purposes! But yes, it looks like Texas is okay with foreign notaries acknowledging the documents as long as everything is in English.

Disclaimer: While I’m an attorney licensed to practice in PA, I’m not your attorney. What I wrote above does not create an attorney/client relationship between us. I wrote the above for informational purposes. Do not rely on it as legal advice. Always consult with your attorney before you rely on the above information.

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