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I've never had a transaction where one party lived in a foreign country. So, I can't tell you what to do. However, it sounds like everything will definitely be OK if you go to the embassy or things might be OK if you use a local notary. If it was me (especially if I was retired and didn't have to go to work), I would take a day and make the drive to the embassy because it's always better to be safe than sorry as the old saying goes.
Quote:
Originally Posted by lae60
Maybe you can sign a power of attorney ( or you may already have one) and let that person, in the US sign your documents for you?
The only problem with that is the POA would need to be notarized as well.
Well, update. Our title co. in Utah said a local notary is OK. Problem was, local notary did not want to put their seal to a document in English that they could not understand. So our translator translated all the documents and just today we got them all notarized and sent back to the states by DHL. Only takes a week, LOL. So, we hope this will suffice!
Point of interest is that notaries here hold immense power, and are required to be lawyers. Nothing like the situation in the States. So it was a lawyer who inspected our papers and put his stamp on them. 5 signatures cost $70, and another $60 for the translation, and $55 for DHL. That last wasn't bad since Fed-Ex charged $127 to send a document from TX to here. Weird.
Thanks to all for your input. And as stated before, a POA would also require a notarized signature, which would be the same thing all over again!
I've never had a transaction where one party lived in a foreign country. So, I can't tell you what to do. However, it sounds like everything will definitely be OK if you go to the embassy or things might be OK if you use a local notary. If it was me (especially if I was retired and didn't have to go to work), I would take a day and make the drive to the embassy because it's always better to be safe than sorry as the old saying goes.
The only problem with that is the POA would need to be notarized as well.
Well, if was just a matter of hopping in the car for a nice day-drive road trip, sure. But we have no car, it's a dangerous winding road over the Andes with crazy, unaware drivers who pass on blind curves. The notary at the consulate requires an appt. and time became an issue this close to closing. They also charge $50 PER signature, hiring car and driver would be around $300....of course we'd do it if we had to, but if the title co. said OK to a local notary, why not believe them? They better know what they're talking about...
Well, if was just a matter of hopping in the car for a nice day-drive road trip, sure. But we have no car, it's a dangerous winding road over the Andes with crazy, unaware drivers who pass on blind curves. The notary at the consulate requires an appt. and time became an issue this close to closing. They also charge $50 PER signature, hiring car and driver would be around $300....of course we'd do it if we had to, but if the title co. said OK to a local notary, why not believe them? They better know what they're talking about...
It's all about what your local county will accept, so if the local county recorder is satisfied with a local international notary then it should be fine.
The only problem with that is the POA would need to be notarized as well.
True, however, that' the first question we ask. If the OP would have given POA before he left the States, he would be covered. If you had a seller leaving, wouldn'the that be your first question? Even if he discussed listing the home, but waited for a hypothetical tenant to leave before selling. Get the POA, the requirements for a seller are not nearly as restrictive as a buyer's. Any reputable title company could have drawn it up.
For buyers, if addressed in the beginning, also easy to handle. Consulate's move around - the absentee buyer would have 30+ days to coordinate catching up with the guy with the seal in whatever country.
I've never had a transaction where one party lived in a foreign country. So, I can't tell you what to do. However, it sounds like everything will definitely be OK if you go to the embassy or things might be OK if you use a local notary. If it was me (especially if I was retired and didn't have to go to work), I would take a day and make the drive to the embassy because it's always better to be safe than sorry as the old saying goes.
The only problem with that is the POA would need to be notarized as well.
Yes it would, but maybe at a lower level than the deed, so a local notary may be more acceptable. Or maybe the POA document is shorter than a bunch of selling documents, so cheaper to translate, but they already worked this out!
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