Use of Foreign Notaries
by Jeffrey Lang
Improper document notarizations can not only create delays in the recording of real estate documents, but can also lead to challenges from junior creditors and bankruptcy trustees. The risks of an improperly notarized document increase substantially when the documents are being signed and notarized in a foreign country.
How to Obtain Properly Notarized Documents
Consular officials at any U.S. embassy or consulate can provide notarial services. Similar to a notary public in the United States, the consular official will require the personal appearance of the person requesting the service; confirm the identity of the person; establish the person's understanding of the nature and consequences of the document being signed; and determine that the person is acting without duress or undue influence and solely under his or her own free will.
Consular officials can refuse to provide notarial services only in very limited specific circumstances, including:
Alternatively, a foreign notarization is also acceptable if one of the following two requirements are met:
For more information regarding Apostilles, to determine if a country is a signatory to The Hague Convention or to obtain the contact information for a country's designated Competent Authority, visit www.hcch.net.
For more information regarding the use of foreign notaries or any other title matter, please contact an Old Republic Title underwriter.
The Old Republic Title Blog is not intended and should not be construed as legal advice. The information in this Blog is intended for general information and educational purposes only. Old Republic Title does not guarantee, and assumes no responsibility for, the accuracy, timeliness, correctness, or completeness of the information herein. Any conclusions readers draw from the information contained herein are their own and are not to be attributed to Old Republic Title. Always seek the advice of competent counsel with any questions you may have regarding title insurance or any other legal issue. The information on this Blog may not be quoted or referred to in any manner without the prior written consent of Old Republic Title, to be given or withheld at our discretion. To request reprint permission for any of our publications, please contact us. This website may contain hypertext links to information created and maintained by other entities. Old Republic Title does not control or guarantee the accuracy or completeness of this outside information, nor is the inclusion of a link to be intended as an endorsement of those outside web sites.