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Topic: Notary???  (Read 915 times)

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Notary???
« on: May 01, 2012, 07:41:47 PM »
I have a question, hope someone knows the answer.
Okay, I own 50% of a property back in the states. My oldest son (27) owns the other half. I want to gift him my half. I know how to write the deed (going from the one I already have) to do this. I have talked to the register of deeds back home, explained what I want to do, and made sure it was okay, and that my son could then file it with them. Not a problem, even told me how much the filing fee would be.
So far so good. My problem is my signature needs to be notarized. Now I know I can travel to either London or Edinburgh to the US consulate and have them do it. That would be very expensive (considering I live a long way from both) and time consuming.
My question is this. Would a UK lawyer be able to do the notary? Are their notaries like ours? Would US accept this? I asked the lady at the register of deeds if a UK lawyer could notarize it and they accept it...she was refreshingly honest and said no one in that office could answer that question.
Hope on of you guys know the answer to this.


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Re: Notary???
« Reply #1 on: May 02, 2012, 06:19:27 PM »
I don't know the answer, Belle67 -- but I hope someone turns up who does!  :)
Ring the bells that still can ring
Forget your perfect offering
There is a crack, a crack in everything
That's how the light gets in...

- from Anthem, by Leonard Cohen (b 1934)


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Re: Notary???
« Reply #2 on: May 02, 2012, 06:48:19 PM »
A UK lawyer isn't automatically a notary. Some lawyers are notaries but not all (though all solicitors are termed "commissioner for oaths" - for affiidavits and certain deeds) and, if they specify that it must be notarized, then it will need to be a notary. We do have notaries in the UK and I'm fairly sure it would be accepted by the authorities in the States as they notarize documents for people all over the world.   

Honestly they can be a tad pricey - I know one person recently told me that it cost £170 to have a Filipino visa application form notarized.   

If you click through to the link below, they have a "find a notary" section where you can enter your postcode. I'm not sure if there is a standard fee scale or if they charge what they like so it may be an idea to shop around.  When you do speak to one, ask them specifically if this will be acceptable in the States.

http://www.thenotariessociety.org.uk/

As an aside, it depends what the document asks for. If it specifies that it must be notarized then it MUST be done by a notary. If it has to be sworn, or 'declared' then a solicitor can do it (£5 fee). If you wanted to upload the document/paste a link to it I can have a look at the exact wording and then I could give you an idea.

Steve :o
 
I am an immigration lawyer based in the UK. My participation at UK Yankee is not part of my job; I usually post here in my free time, though I can assist on a professional basis via my firm for visa/immigration applications and appeals if you think you need it - please feel free to PM me :)


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Re: Notary???
« Reply #3 on: May 02, 2012, 06:52:09 PM »
Belle67, if you do opt to post your document somehow - please be sure to redact any personal details.  You probably know this, but just saying.  :)
Ring the bells that still can ring
Forget your perfect offering
There is a crack, a crack in everything
That's how the light gets in...

- from Anthem, by Leonard Cohen (b 1934)


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Re: Notary???
« Reply #4 on: May 04, 2012, 09:36:40 PM »
I recently sold my house and had to do the notary thing for the Grant Deed. Good news is that the my escrow rep was very specific about what was required.

Bad news is that no, a UK notary is not enough. Your notary will have to also get you an Apostile.

This is from my escrow company:

"Regarding any notarized documents: our understanding is that it must be a notary with an American consulate or embassy, or the title companies have also stated that the county recorders office is accepting a form of notary called “Apostille” (which is not a document that we generate – the notary would)."

Sadly it still means you need to go to a notary (solicitor) first anyway, pay that fee, and then the solicitor will send off the docs to the foreign office (in Milton Keynes) to get the Apostille cert. It can take up to 4 woking days to be issued. I believe our quote was £85 for the notary, £65 for the courier to Milton Keynes from London, and somewhere around £75 for the Apostile, more expensive for express service!

Maybe check with your county recorders office? It could be different where you are selling.


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